Court denies bail to alleged mastermind behind hitman's murder

The Umlazi Magistrate's Court denied bail for Duncan Mzamo Mlaba, 63. 

Mlaba faces a murder charge for allegedly killing a hitman he had hired in 2021 to assassinate ANC veteran Zibuse Mlaba.

On Friday, the court said Mzamo's release would not be in the interest of justice.

He had applied for bail in the Umlazi court for the murder case of Mncedisi Gwala, who was killed in 2022. 

Separately, he is also applying for bail at the Camperdown Magistrate's Court for the murder of his cousin Zibuse.

Zibuse was a member of the KwaZulu-Natal Legislature and a former regent chief in the KwaXimba area at Camperdown.

He was shot dead on October 21, 2021, at Wareing's Shopping Centre, outside his office. Gwala was identified as one of the shooters of Zibuse.

Handing her ruling, Magistrate GN Cele said Mzamo failed to show the court any exceptional circumstances that would allow him to get bail. 

“Bail application is under Schedule 6 of the Criminal Procedure Act. Onus is on the applicant to adduce evidence to satisfy the court that exceptional circumstances exist in order for the applicant to be granted bail. Applicant failed to show exceptional circumstances,” she said.

She noted that the Gwala and Zibuse murder cases were intertwined, adding that there was a likelihood that Mzamo would interfere with State witnesses. 

She said this, noting that Gwala told prisoners that he was involved in the murder of Zibuse. After that, Mzamo arranged for Gwala’s bail to be paid as Gwala could not afford to pay it.

Upon his release, Mzamo allegedly sent people to kill Gwala. When Gwala reportedly spoke about his involvement in Zibuse’s murder, he was arrested for a separate matter and charged with unlawful possession of a firearm. 

She said since Mzamo conspired with other people for the murders, there was a likelihood that there were other witnesses besides the two Section 204 witnesses that he already knew.

Magistrate Cele said Mzamo had connections outside the province, so he was likely to evade trial. 

“Applicant has assets, money, and connections outside this province, as he said he has business associates in Mthatha. He has also visited outside the borders of South Africa. Mzamo has good resources. And seeing that these charges from Camperdown Magistrate's Court and Mlazi court carry a minimum sentence of life imprisonment, might influence him to run away. A person with financial resources can go far and start afresh because he has money.” 

She noted that Mzamo’s lawyer had argued that he did not run away when he knew that the police were looking for him, but said now that he is charged with the offences, that may change. 

She said Mzamo knows what it's like to be imprisoned, as he was previously convicted of two murders. She said this could influence him to evade trial, as he knows how it feels to have your freedom taken away. 

Magistrate Cele said there might be conflict in the KwaXimba area if Mzamo were to get bail. 

“There might be people supporting the applicant and those supporting the family of the deceased (Zibuse). This might create uproar and conflict in that community. Interest of justice does not permit the release of the accused,” she said. 

Moreover, she said the argument that the State’s case is weak was a matter for a trial court. 

State prosecutor Advocate Sanele Ntombela told the court that lead prosecutor Advocate Elvis Gcweka said the indictments for the matter were ready. 

The matter was postponed to early December for indictments. 

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