Durban — An 18-year-old man is among three accused facing a murder charge in which a gun and a knife were used in the commission of an armed robbery that resulted in a killing in Stanger.
Bongukuphila Christian Mbokazi appeared in the Durban High Court on Tuesday with his co-accused Sibusiso Innocent Ngidi and Sizwe Luthuli, both aged 20.
The matter was before Judge Graham Lopes.
State advocate Gugu Xulu asked that the matter be adjourned until April 24.
Legal Aid defence lawyer Zeera Fareed told the court that going forward she could not represent both Ngidi and Luthuli.
“There is a conflict of interest between accused 1 and 2, and I cannot represent both of them. Adjudicare would have to be appointed for one of the accused,” she said.
Fareed explained that counsel had not been appointed yet and that the time between Tuesday and April 24 would be used for such purposes.
Mbokazi is represented by attorney M Pillay.
The teen and his co-accused are alleged to have committed the murder during a home robbery in which they kicked down the doors of a cottage that Victor Phakamani Sibiya was renting with his mother in the Ntshawini area in 2020.
On that day the three, who are friends, had earlier been drinking with others and after they ran out of alcohol they decided to go and rob the tenants to get money to continue drinking.
“The accused proceeded to the cottage at night and kicked open the doors in the rooms where the victims were sleeping.
“The deceased (Sibiya) came out of his room when he heard the noise of people breaking the doors and was stabbed to death. The accused proceeded to rob the surviving victims. The deceased died at the scene,” alleges the State.
Further, the State alleges that at all times the accused acted in concert with each other and in the furtherance of the execution of a common purpose to commit the crimes that have been levelled against them.
The three are charged with housebreaking with intent to rob, robbery with aggravating circumstances as well as murder.
Mbokazi also faces a charge of defeating or obstructing the course of justice where the State alleges that a month after the alleged murder and when he was arrested and charged he had provided the police with incorrect information about his identification, thereby causing confusion about his true identity.
According to the State, R1 400 in cash, a handbag, a pack of sausages, and a braai pack were taken from the surviving victims in the cottage.
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