Court hears State's plea to deny bail for Mzamo Mlaba, facing multiple murder charges
Zibuse Mlaba's cousin, Duncan Mzamo Patrick Mlaba, is alleged to have paid R130,000 for his assassination and R30,000 for the murder of the hitmen he had allegedly sent to kill Zibuse.
Image: Nomonde Zondi
The State has strongly urged the Umlazi Magistrate's Court to deny bail to Mzamo Mlaba, 63, arguing he poses a danger to both his family and the broader community.
Mlaba faces multiple murder charges, including the killing of his cousin, Zibuse Mlaba, a KZN Member of the Legislature. Additionally, Mzamo is charged with the murder of Mncedisi Gwala, a hitman he had allegedly contracted to kill Zibuse.
According to prosecutors, Gwala had told prisoners while arrested for unlawful possession of a firearm that he was involved in Zibuse’s murder. Mzamo learned about this and allegedly paid Gwala’s bail so he could kill him upon his release.
Mzamo is seeking separate bail applications for two different murder cases. The killing of Zibuse, who was shot dead on October 21, 2021, is being heard in the Camperdown Regional Court. The subsequent murder of Gwala in February 2022 is currently before the Umlazi Magistrate's Court.
During Tuesday's proceedings, State prosecutor Advocate Sanele Ntombela told the Umlazi court that Mzamo exhibits a pattern of killing family members.
Ntombela highlighted Mzamo’s previous convictions, which include the murders of Nkosenhle Mkhize and his cousin, Sibusiso Brian Mlaba.
“In this matter, he orchestrated the murder of a person (Gwala) he thought was going to implicate him,” Ntombela asserted.
Former KZN MPL and ANC veteran Zibuse Mlaba was allegedly killed by his cousin, Mzamo Mlaba.
Image: Supplied
He characterised Mzamo as someone who eliminates anyone who obstructs him or could potentially testify against him, stating: “Applicant cannot be trusted, he would do anything to avoid conviction, including killing witnesses.”
Ntombela also questioned Mzamo's honesty, quoting the Truth and Reconciliation Commission's finding during his amnesty application that he had lied under oath to avoid conviction.
“In short, he lies under oath. What would stop him from lying to this court?” Ntombela questioned, adding that Mzamo had also previously deceived the court.
He further cited Mzamo's violent nature and questioned his ownership of four firearms, including rifles.
Ntombela maintained that the State possesses a strong case against Mzamo, criticising the defence for claiming otherwise without having seen the docket.
Mzamo's lawyer, Advocate Sibusiso Xulu, argued that the State lacks sufficient evidence, noting that there is no corroboration for the testimony of Fortune Dlamini, who is expected to testify that Mzamo paid R30,000 for Gwala’s murder.
“The court has to take into consideration how strong or weak the State case is,” Xulu said, urging the court to grant bail.
Xulu also pointed out that the State had provided no information about the firearm used to kill Gwala.
He claimed that the State witnesses, Dlamini and Nhlanhla Hlongwa, who are currently in the Correctional Services custody, would not be intimidated. He claimed that they are safe because they are in prison.
When Magistrate GN Cele enquired about exceptional circumstances for granting bail, Xulu stated that all of Mzamo’s personal circumstances were exceptional.
Dlamini and Hlongwa are currently serving their sentences after pleading guilty to the murder of Zibuse and further implicating Mzamo.
Mzamo is now the only accused person in Zibuse’s murder case.
The Umlazi court will make its ruling later this week.