Charges withdrawn against one accused in murder of MUT lecturer

MUT lecturer Shan Dwarika who was allegedly kidnapped and had his throat slit.

MUT lecturer Shan Dwarika who was allegedly kidnapped and had his throat slit.

Published Nov 9, 2023

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Durban — Charges against one of the suspects accused of kidnapping and killing a lecturer, Shan Dwarika, from Mangosuthu University of Technology (MUT) were withdrawn on Wednesday in the Durban Magistrate’s Court. However, the trial is set to start next year at the High Court.

Senior State prosecutor advocate Krishen Shah told the court that the State was withdrawing charges against Siyabonga Justice Mkhize, who was out on bail, due to lack of evidence.

Initially there were five accused in this matter, now four are remaining. The accused are Siyabonga Freeman Mahaye (35) from Crow Road, Siyathuthuka informal settlement; Thobani Mhlongo (23) and Kwanele Makhaye (29) both from Crow Road informal settlement; and Sihle Mkhize (23) from Ubuntu Close Puntans Hill, Springfield Park. They are facing charges of kidnapping, robbery with aggravating circumstances and murder.

The State alleges that Mahaye, Mhlongo and Makhaye approached the 63-year-old Dwarika on May 28 this year, when he had come to check on his property in Sea Cow Lake which he was renovating to sellto Pastor Miya. The State alleges that the trio forced Dwarika into the rear seat of his vehicle, a black Honda SUV, and drove off with him.

“Dwarika was forced to relinquish his ATM pin code and ATM card and at various places the trio withdrew cash and effected purchases in varying amounts from the deceased’s bank account. Mahaye retained one bank card and parted ways with the assailants,” said the State.

The State said at some stage accused 4, Sihle, joined Mhlongo and Makhaye who had held Dwarika captive at knifepoint in his vehicle.

It said that during this time further demands were made to the lecturer for more money and purchases were made with his banking facilities.

“At some stage that night they drove to a place in Inanda and they forced the victim into a bushy area where he was forced to the ground and his throat was slit. They thereafter fled the area and the deceased’s vehicle was disposed of by burning,” said the State.

Dwarika’s remains were recovered on June 3. The post mortem examination of Dwarika’s body established that the cause of death was a slashing injury to the neck.

The State said the renovations at Dwarika’s property were being delayed due to continuously stolen material bought for it.

“At the suggestion of Pastor Miya, Mahaye, Mhlongo and Makhaye were allowed to stay at this property on condition that they keep the house secure and assist with renovations pending the sale of the house.

It was agreed that they were not going to pay rent and Dwarika was going to only pay them for renovations done, explained the State.

Despite the trio occupying the property, the thefts continued and on May 26, Dwarika ejected them from his property. The four accused are in custody and the trial will start next year in February.

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