‘Hired hitmen’ trial to restart a second time after death of judge
By SIYA BOYA
A drawn-out trial involving alleged contract killers has to be restarted with a new judge after the presiding judge died last week.
Acting judge Robert Dilizo succumbed to a year-long battle against cancer last Tuesday. He had been presiding over the case of the alleged contract killers since 2012.
Vuyani Sibanda, Isaac Phiri, Thabiso Mini, Sakhela Magasana and Makhaya Qwala are standing trial for a string of charges including four counts of murder and racketeering.
A sixth member of the group, Ntsikelelo Mananani, who escaped from police custody in the early stages of the case, is being tried separately after he was rearrested.
The state alleges that they were hired to carry out killings in 2010, receiving thousands of rands per murder. The crimes were allegedly committed in East London, King William’s Town, Mdantsane and Fort Beaufort.
According to court papers Manani and Phiri were hired to murder three women in exchange for R30000.
Last week judiciary spokesman Nathi Mncube said Eastern Cape deputy judge president Dawid van Zyl would give direction on how to proceed with the matter.
Yesterday Van Zyl said the decision was not for him to make, but that the law provided that if a judge died before making a decision as to the guilt of the accused, the case had to start afresh.
“If a judge dies after he has convicted the accused then another judge can step in and sentence the accused.
“I have made inquiries and I have found that they are still busy with the defence case, which means that the case will have to start afresh before a different judge,” he said.
Van Zyl said that tomorrow he would meet with the director of public prosecutions and the legal representatives of the accused to map out a way forward.
“Obviously it is a matter that has been in court for quite a while and the accused persons are in custody, so there is a concern.
“It needs to start again as soon as possible – that is what we need to discuss at this meeting. We will have to appoint another judge and find court time,” Van Zyl added.
The case is currently set down for a week from July 18.
Sibanda and Qwala are already serving life sentences for similar crimes after they were sentenced by the Bhisho High Court in 2014.
Because Phiri was 72 at the time of the sentencing, he was sentenced to 20 years’ imprisonment.
The case had already been restarted once before because, two months into the trial, it was found that an attorney representing one of the accused did not have the right to appear in the high court.
Sibanda is a self-professed traditional healer. When the case restarts, Mananani will join his co-accused. — siyab@dispatch.co.za