The high court sitting in Palm Ridge on Tuesday gave the state the green light to call witnesses to read out statements given by Thabo Nkala, one of the Rhodes Park accused.
Nkala, Admore Ndlovu and Mduduzi Mathibela Lawrence are on trial on charges of robbery with aggravating circumstances, rape, and murder. All three have pleaded not guilty.
This comes after a trial within a trial was held to determine the admissibility of certain evidence in the case.
Earlier, Nkala claimed that police officers assaulted him into making a confession. But, Judge Papi Masopi said he had made his statement “freely and voluntarily”.
The 25-year-old illegal immigrant from Zimbabwe told the court that police took him to an unknown house in Yeoville where he was assaulted for the second time and then taken to Rhodes Park to point out the crime scene.
Lieutenant Colonel Nonkululeko Mkwebula took the stand and read out Nkala’s statement.
“During August 2015 I met Small, I don’t know his real name. I told him I’m out of jail and if he can help me with money and clothes and if he can help me with a job.”
In the statement, Nkala said in the same month Small invited him to his flat and introduced him to his other friends Stanley, Mdu, Brian and Jeje. They were drinking beer and told him their job was to commit robberies, mostly at Rhodes Park.
He said during the first robbery he committed with the group they took cellphones from three men at Rhodes Park and he was given R400 afterwards.
“On the 17 October 2015 on Saturday we met at Sphingo and Bezuidnhout Street, there are shops and we met and sat in front of the salon. They collected money and asked me to buy brandy at a nearby Shoprite because I didn’t contribute. I bought a Viceroy at Shoprite. It was myself, Small, Jeje, Brian, Mdu, Cosmo and Stanley,” Nkala said in his statement.
He said they proceeded to Rhodes Park at 17h00 and there were still a lot of people drinking and chilling. The group decided to scatter and wait until it was less busy.
“It was a little bit dark when we approached the two couples, two African males and two African females. Mdu and Jeje walked past them a little bit and I saw Mdu pointing them with a firearm and we all rushed there.”
A cellphone and a gold ring was taken during the robbery and Nkala admitted to taking a pair of shoes but said he threw them away before he could reach home after realising that they were old. They later regrouped in Yeoville.
“Small asked who has what and it was only him who had a cellphone and ring. He then said he will only share with the people he likes. Mdu and Small sold the phone and ring….Mdu gave Jeje and Cosmo R50 each. I left with Brian without receiving anything,” the statement read.
According to Nkala’s statement he said the next day he received a call from Small asking him if he had seen the news and he said no. He explained that Small said he should come to his flat. He also called Cosmo and asked him what had happened since him and Mdu were the ones who remained behind.
“Cosmo said Mdu told the two men to get into the dam, he gave him his firearm and took Cosmo’s knife and he (Mdu) raped the lady, the other lady ran away,” Nkala continued.
He said after three days they met Mdu who was limping and walking on crutches. They also asked him what happened and Mdu explained that he ordered the two men to wade into the lake and then afterwards him and Small raped the women.
Nkala and his two co-accused, Edmore Ndlovu, 25, and Lawrence Mathibela, 32, all claim they were assaulted and forced into making statements.
The trial within a trial will continue on Thursday to decide on the admissibility of Mathibela and Ndlovu’s statements.
South Africa Today – South Africa News
