Durban – The Durban High Court has found one of the men accused of the murder of eThekwini ward councillor Minenhle Mkhize not guilty.
Mkhize was fatally wounded last year at his home in Cliffdale.
Ntokozo Ndlela, the second accused, has been acquitted of all charges, which include murder, conspiracy to commit murder, unlawful possession of ammunition and unlawful possession of semi-automatic firearm.
Acting Judge SD Hlatshwayo told the court that the State had failed to provide evidence that Ndlela was involved in the planning and execution of killing Mkhize.
“The court finds accused two not guilty of all charges placed against him. The State has failed to provide evidence that he was involved in this matter,” he said.
Judge Hlatshwayo said Ndlela was free to go home and that he would provide reasons for his decision at a later stage.
On Monday, advocate Louis Barnard told the court that he would file for section 174 of the Criminal Procedure Act to have his client discharged of all the charges.
“The State has failed dismally to provide evidence which implicates accused two,” he said.
In court on Tuesday, Barnard said there was not enough evidence to prove that the pair followed Mkhize on the day he was killed. He further said it was the duty of the court to discharge Ndlela of the charges if there was no evidence against him. He further said he would deal with the charges against accused one, Mxolisi Gcabashe.
Gcabashe is facing the charges that Ndlela had been found not guilty of. Moreover, he is also facing other charges which include theft and unlawful possession of firearms and ammunition.
State advocate Elvis Gcweka argued that the pair were charged under common purpose and that on the day Mkhize was killed, Ndlela was driving a vehicle that belonged to Gcabashe. The State alleges that Gcabashe’s vehicle was used to commit the crimes.
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