Defence lawyers in the Lusikisiki massacre trial have questioned why a senior police officer arranged for a subordinate to take a confession from an accused instead of requesting a magistrate to do so, raising concerns about the legitimacy of the evidence.
The issue emerged during testimony at the Mthatha High Court sitting in Lusikisiki, where three of the accused are challenging the admissibility of confessions they claim were obtained under duress.
The defence argues Brigadier Duduzile Ngculu, provincial head of the serious and violent crimes investigations unit and the officer leading the probe into the Lusikisiki mass shooting, instructed a subordinate to take a confession from Aphiwe Ndende instead of asking a magistrate to do so.
Attorney Mawande Nokwali, representing Ndende, suggested that though there were several magistrates available, Ngculu chose to bring in Captain Lindile Sigcu, the head of the same unit in Ngcobo, to take the statement.
“The brigadier wanted an officer from Ngcobo while there was a magistrate just 500m from where Ngculu was with the accused.
“There were magistrates in Lusikisiki, Flagstaff, Port St Johns, Libode and Mthatha, but she chose her subordinate all the way from Ngcobo, that is interesting,” Nokwali told state witness Warrant Officer Thumeka Mapipa during cross-examination.
The state, however, argued there was nothing irregular about the arrangement, saying Sigcu was not involved in the massacre investigation.
Six men — alleged mastermind Mzuki Ndamase, 46, Aphiwe Ndende, 25, Myekethe Hintsa, Songezo Vuma, 21, Mawethu Nomdlembu, 36, and another accused — face charges related to the mass shooting in Ngobozana village, Lusikisiki, on September 28 2024.
Eighteen people — 15 women, a 13-year-old boy and two men — were killed when gunmen attacked the neighbouring homesteads of sisters Mary Sinqina and Nancy Sinqina-Mhatu.
A 19th murder charge relates to the killing of politician Mncedi Gijana on August 19 2024.
All six accused have pleaded not guilty.
During re-examination, senior state prosecutor advocate Mfundo Makhubalo led Mapipa through evidence explaining that while Sigcu reported to Ngculu, he was not part of the investigation team.
The court heard that different commissioned officers took the statements from various accused.
Hintsa allegedly made a confession to Captain Zwelenkosi Diko, while Myekethe made his to Colonel Mandla Miya, now head of detectives in Mthatha.
Mapipa, who has 19 years’ experience in crime detection, testified that Ndende and Hintsa were co-operative during interviews at the Lusikisiki police station on October 16 and 17 2024.
She said both men had declined having lawyers present and implicated themselves in the Lusikisiki murders as well as two Flagstaff cases.
The defence disputes this, alleging the accused were assaulted, threatened and denied food during questioning.
Lawyers also argued that officers gave inconsistent accounts about who transported the suspects after their arrest, suggesting a possible cover-up.
Judge Richard Brooks postponed the matter to Monday after the court heard one of the vehicles escorting the accused from Kokstad to the Lusikisiki magistrate’s court had been in an accident, requiring alternative security arrangements.
Daily Dispatch