On Tuesday, an anonymous witness testified about how he and Cape Town lawyer David Mbazwana were shot in Khayelitsha in 2019. After becoming increasingly distressed and emotional midway through his testimony, the witness collapsed and suffered a seizure.
To protect his identity, the witness is referred to as ‘Mr C.’
Mr C’s concerns about his safety are not unfounded, given that one of the accused has already been murdered and that a potential state witness in another case was murdered right outside the Wynberg Magistrates’ Court in May.
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Mr C sat in the dock on Tuesday with a beanie pulled down to his eyes and a buff pulled high to cover his face, while the five men accused of killing and severely injuring Mbazwana stood just a few metres away, according to News24.
He reportedly testified that on 19 May 2019, he was accompanying Mbazwana, who was also the owner of The White House Tavern in Makhaza, on a banking run when he heard shots fired.
According to News24, Mr C abruptly paused his testimony, looking extremely distressed and emotional and breathing heavily. He was then said to have leaned down on the dock and rubbed his eyes with his hand.
Judge Hayley Slingers stood the case down for 10 minutes, and the witness walked towards the court door to go outside and get a breath of air. Mr C collapsed while opening the courtroom door, suffering from a seizure. Despite urgent calls for an ambulance, delays occurred due to high demand, leaving the witness in need of medical attention.
No court staff trained in first aid were present at the time, News24 reports.
Upon regaining consciousness, Mr C was relocated to a private room and provided with an armchair and a blanket. A victim support officer remained by their side while they waited for medical professionals. Previous witnesses were assigned anonymous letters to protect their identities, and an Anti-Gang Unit officer requested anonymity due to potential risks.
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Meanwhile, two of the accused individuals, Sinethemba Makeleni and Brian Balangile, were granted bail of R2 000 based on newly presented facts in a special application. All the accused, including Anga Anganda Mabenjane, Lonwabo Cosa, and Siyanda Ndzendze, pleaded not guilty to charges of murder, attempted murder, robbery with intent to cause grievous bodily harm and unlawful possession of a firearm and ammunition. Mabenjane and Ndzendze were already out on bail prior to this ruling.
The trial adjourned until Wednesday, with the state authorities considering alternative measures such as closed-circuit television (CCTV) and an intermediary to facilitate Mr C’s continued testimony.
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Picture: Kelly Sikkema / Unsplash