Nelson Mandela Bay businessman to be charged with murder

The death of a Veeplaas teenager on Wednesday — two weeks after he was struck by a car — has dramatically altered the course of the criminal investigation, with businessman Theo Gora set to be charged with murder.

The shattered family who had held on to the hope that Misomihle Nkwalase, 18, would pull through despite his extensive injuries, now say all that will bring them peace of mind is if the alleged perpetrator spends the rest of his life in jail.

After having earlier faced charges of kidnapping and attempted murder in relation to the incident, the bar has been raised on Gora’s pending formal bail application following the victim’s death.

Earlier on Thursday, legal experts explained that when Gora next appeared in court, the charge sheet would likely be altered to include a murder charge, or at the very least one of culpable homicide.

Late on Thursday, police spokesperson Captain Sandra Janse van Rensburg said Kwazakhele detectives had confirmed that the charges would be changed to murder and kidnapping. 

If found guilty of murder, he faces a far harsher sentence of up to life in prison.

Gora, the suspended head of operations at Kasi Delivery, who has been in custody since his arrest last week, is due back in the New Brighton Magistrate’s Court on October 28.

The matter has been set down for a formal bail application.

Gora is accused of speeding after and crashing into Nkwalase in Veeplaas on October 11.

It is alleged he then bundled his body into the vehicle and dumped the severely injured teen near an informal settlement.

When he first admitted to the incident via a public Facebook post, Gora claimed he had acted in retaliation after being robbed by a group of men, among them Nkwalase.

He said he deeply regretted his actions, which were likened to an act of vigilantism.

The grade 12 pupil at Ndzondelelo High School was admitted to Livingstone Hospital the next day.

On Wednesday night, he succumbed to his injuries in hospital.

National Prosecuting Authority regional spokesperson Luxolo Tyali confirmed that the state would oppose bail.

Contacted for comment, Gora’s defence attorney, Zolile Ngqeza, said he still needed to consult with his client’s family.

It was after a community prayer session on Wednesday, attended by Nelson Mandela Bay mayor Babalwa Lobishe, when Nkwalase’s mother, Zoleka, received a call from the hospital to inform her of her son’s death.

Zoleka said all that would make her feel as though justice had been served for her son was if Gora remained in jail for the rest of his life.

“I don’t know what to say, I am shattered by my son’s death,” she said. 

“I could never have imagined that someone we knew — someone who grew up in front of us in the same street — would grow up to be such a monster in the community.

“I would like for the young people growing up here to live in a safe environment that doesn’t have Theo roaming the streets.

“Perhaps my son had to die for the rest of the young people to be safe in this community.

“It can’t be that my son died in vain.

“And Theo cannot live among us when he has [allegedly] committed such a horrible act.”

Since the incident, the Nkwalase family has received tremendous support from Bay residents.

The community organised a march, and more than 1,500 people signed a petition asking the court not to release Gora on bail.

Community leader and organiser of the #Justice4Miso march, Xolisa Jafta, said now that the dynamics of the case had changed, they aimed to intensify their efforts to ensure Gora remained behind bars.

“We are devastated by the news of his passing, and the only way we can get closure and comfort is to make sure Theo doesn’t get away with this.”

Jafta said Lobishe had committed to supporting the family by providing transportation for community members to picket peacefully outside the court next week during Gora’s next appearance.

“We are praying that the justice system will do what’s necessary to get to the bottom of the matter,” Jafta said.

Jafta said there had not been much communication between the two affected families.

“They only visited the Nkwalase family on the Saturday after Theo was arrested.”

The Ward 28 community comprising Veeplaas and Zwide has, meanwhile, been divided over the matter, with some defending Gora’s actions.

Gora had claimed in his Facebook post that he was mugged at gunpoint while leaving work and had reacted by chasing after the alleged robbers.

He said he had “accidentally” struck one of the suspected robbers with the vehicle, at first not realising that the young man was someone he knew.

Others, meanwhile, questioned Gora’s story, claiming Nkwalase had been a disciplined Ndzondelelo High School matric pupil who was well known in his community for his love for sport, especially athletics and soccer.

In his absence, while still in hospital, Nkwalase was recently awarded certificates of excellence in athletics and soccer by the school.

The Wednesday prayer meeting held at the Veeplaas community hall had, however, brought to light the rumours of Nkwalase being a troublemaker.

“This misinformation was the cause [of the division] but now that most of them know what kind of person he was, their perception has changed,” Jafta said.

“Those defending Theo were doing so because either they worked for his business, or were not happy that the community had forced its closure last week.”

A woman who identified herself as Gora’s father’s girlfriend was alone at the family home, two houses away from the Nkwalase house, on Thursday.

She said Gora’s father was heartbroken, stressed, and was hardly at home because of the issue.

“This is such a sad situation for both families and difficult to deal with,” she said.

“Theo’s father is definitely affected by this, especially now that Miso has died.

“Miso was a sweet boy who loved school and sport — everyone here knows this.

“Theo, on the other hand, has no history of violence, hence we’re all shocked that he could’ve done what is being alleged.”

Lobishe visited the grieving family on Thursday after learning of Nkwalase’s death.

“On behalf of the municipality, I extend my heartfelt condolences to Misomihle’s family, friends, and loved ones during this painful and devastating time,” Lobishe said.

“The loss of a young life is a tragedy that no family should ever have to endure.

“As a metro, we mourn with the Nkwalase family and the community at large.

“We urge all residents and motorists to exercise the utmost care and responsibility on our roads.”

Funeral arrangements will be announced by the family next week.

The Herald