The speaker of KwaZulu-Natal’s uMzumbe municipality was at the scene where a man claiming to be her driver and bodyguard allegedly shot two men, killing one and injuring the other, News24 can reveal.
Speaker Matho Shozi was among a group of four people who were arrested in Alexandra on January 9 following the murder of Tshepo Mabusela and the attempted murder of his friend Thapelo Mariki at a 24-hour pizza outlet in Sandton, Johannesburg.
Of the four, police only charged Sibusiso Patrick Khumalo. The others were released. He appeared in the Alexandra Magistrate’s Court on both charges on Tuesday. He was released on bail of R2000 and warned to return to court on February 14.
Shozi did not respond to repeated calls and messages asking for comment.
She did tell the South Coast Herald she was on the scene but denied knowing the accused.
According to police, Khumalo and a man he named as a colleague in his affidavit, entered the outlet around 03:00 in the morning. They accosted two women standing at the counter.
The women appear not to be interested in speaking to the two men, based on their body language observed in CCTV footage.
At some point, Khumalo leaves the outlet. The two victims - Mabusela and Mariki – then enter and try to speak to the two women while waiting in line.
Khumalo's "colleague", who is still in the shop at that point, appears to have an argument with the two men which results in a physical altercation.
Khumalo re-enters the outlet, cocks his gun and allegedly shoots at both men. Mabusela tries to run out of the shop while Mariki jumps over the counter.
Khumalo and his accomplice fled the scene with two other women who had been waiting outside.
A few hours later, Khumalo and three others were arrested at the Alexandra police station and charged with attempted murder, police spokesperson Constable David Mothapo told News24 at the time.
According to his affidavit, Khumalo, 37, lives in Cato Manor, Durban, with his wife and three children. He owns a house, a piece of vacant land, and two cars.
He intended pleading not guilty to the charges.
"The basis of my defence is that of private defence in that I was defending my life as well as the life of my colleague who was severely assaulted by the deceased as well as by the injured party," the affidavit reads.
"I am employed as a driver and a bodyguard to the speaker of Mzumbe municipality in the area of Port Shepstone, in Durban, since August 2016 to date, and I am earning an amount of R22 000 per month," he says.
The municipality denied that Khumalo was one of its employees.
“We would like to categorically state that Khumalo does not work for the municipality in any capacity. It is still unclear as to why he claims as such,” spokesperson Trevor Khanyile said.
Khanyile said the only councillor in the municipality with a bodyguard was the mayor. He said their human resources department had thus far not been contacted to confirm Khumalo’s claims.
He could not confirm Shozi's whereabouts that night, or her relationship with Khumalo, and referred News24 to Shozi directly.
Khanyile said one of the other three people who were arrested and released worked for the municipality as Shozi’s driver.
Questions about bail
Mabusela's family told News24 that neither the prosecutor nor the investigating officer opposed bail for Khumalo.
“He was granted R2 000 bail for a murder. Is that normal for such a serious crime?" his family said outside court on Tuesday. The State did not to oppose Khumalo’s bail application because he was not considered a flight risk, it did not believe he would interfere with investigations, and because post-mortem and ballistics reports were still outstanding.
Khumalo was allowed to return to his home in KwaZulu-Natal until his next court date.
According to Constable Tshisani’s affidavit, Khumalo used a licensed firearm to commit the crimes. Two witnesses identified him during an identity parade.
The police had CCTV footage taken in the store that morning, and Khumalo had a previous conviction for possession of stolen property from 2002, the officer said.
Despite this, both the State and police found it was in the interests of justice to grant Khumalo bail.
