Story By Lubabalo Ngcukana
A Ngqeleni traditional leader accused of gunning down two young men and injuring another during a deadly confrontation in a disputed forest area will spend another night behind bars as the court prepares to decide his bail fate on Friday.
Nkosi Totosi Nyangiwe Ndamase, 76, appeared before Magistrate Phumla Kwaziwa on Thursday facing two counts of murder and one count of attempted murder following the shocking May 14 shooting in Godini village, Ngqeleni.
The court heard that the victims were collecting firewood in a forest at the centre of a long-running land dispute between Godini and neighbouring Bhatini village when Ndamase allegedly opened fire on them.
One of the victims, 29-year-old Simphiwe Mphuthuwana, died instantly after being shot in the head. Another victim, 22-year-old Zikhanye Mgwabavu, later succumbed to his injuries at Nelson Mandela Academic Hospital. A third man, Masande Marhawule, 30, survived after receiving medical treatment.
The state and defence delivered closing arguments on Thursday in a packed courtroom as tensions surrounding the matter continued to grow outside court, where residents carrying placards sang struggle songs and demanded justice for the victims.
Ndamase, who has served as headman of Godini since 1985, claims he acted in self-defence while travelling to church on the day of the incident. According to his version, the three men attempted to attack him with bush knives after he confronted them about collecting wood in the disputed forest.
Dressed in a dark green Nike jacket and khaki pants, Ndamase appeared calm throughout proceedings, listening attentively to his legal representative, Advocate Mpumelelo Nothununu, before avoiding eye contact as senior state prosecutor Advocate Tamsanqa Kwetani argued that he should not be granted bail.
Nothununu told the court that his client was not a flight risk, arguing that Ndamase has no passport or relatives outside South Africa and would not evade trial.
However, the state strongly opposed bail, describing the accused as a danger to society who could interfere with witnesses if released.
Advocate Kwetani argued that Ndamase was found in possession of two firearms on the day of the shooting, including one firearm with allegedly erased serial numbers.
“He was allegedly on his way to church carrying two firearms, one of which had erased numbers. Possession of such a firearm alone carries a sentence of up to 25 years,” Kwetani argued.
The state further maintained that the matter falls under a Schedule 6 offence, meaning the accused bears the burden of convincing the court why his release would be in the interests of justice.
Magistrate Kwaziwa is expected to deliver judgment on the bail application on Friday, June 5.
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