Health issues stall the murder trial of Durban schoolgirl Aphiwe Ngcobo

One of the men accused of killing a 17-year-old girl from Durban Girls Secondary School was deemed fit to stand trial by a doctor, but on Tuesday, he told the Durban High Court that he was still ill, however, the judge refused to listen.

Sifundo Bongani Bhengu is on trial with Bongani Freedom Jali for the murder of Aphiwe Wandile Ngcobo from uMlazi. The schoolgirl, who was home alone, was killed in her home while she was studying for her Grade 11 exams on May 28, 2024. She was found bound and gagged.

Bhengu was Aphiwe's neighbour. 

Bhengu claimed that he was still not well after suffering from diarrhoea; thus the trial was postponed from Monday to Tuesday. A medical assessment from a Westville jail doctor was required to determine whether Bhengu was competent to stand trial, thus, the case had to be put on hold on Tuesday morning.

Presiding officer Judge Garth Harrison on Monday directed that there be a medical report on Bhengu’s health. However, on Tuesday, Advocate Vicky Nattar told the court that his client did not have the medical report. 

After a long adjournment, senior State prosecutor Krishen Shah told the court that he had received the medical report from the doctor who treated Bhengu, and he handed it over to the court.

Judge Harrison said the report stated that Bhengu was fit to stand trial. 

However, Nattar said the report does not change anything. 

“He instructed me that he needs two to three days,” Nattar added. 

Judge Harrison said Bhengu has rights, but he cannot challenge the medical evidence. 

“He wasn’t well enough yesterday, but today the doctor says he is fit. I will make him comfortable if the temperature needs to be changed. I will do so, but the matter will proceed,” Judge Harrison said. 

Bhengu was given a chair to sit on as he took the stand. He told Nattar he wasn't feeling well, but he didn't want to give the impression that he didn't want to continue with the case.

He began his testimony by informing the judge that he possessed three properties, two of which were inherited.

He explained that he visited the Philani neighbourhood of uMlazi on May 28, 2024, the day before the national government elections, to check on the renovations at his grandmother's house. He claimed to be travelling from his second Clermont residence, which he claimed to have inherited from his father.

He claimed to have met Jali and another person named Bruino at that time.

He claimed that they had a happy moment together when they saw each other, and at their request, he brought them food and some drugs to smoke.

He claimed that following this, he and Jali left Bruino behind and went to his residence. He said that they kept smoking rock, taking pills, and using crystal meth after they arrived.

Bhengu said Jali asked him for money to repair his vehicle's tyres. “I told him I could not borrow him as I was renovating at Mlazi and I was building at Clermont,” he said. 

Bhengu said Jali suggested that they steal a TV from the Ngcobo household.

In the last few weeks, Jali and Bhengu have been accusing one another of being the one who killed Aphiwe after breaking into the Ngcobo home to steal. When the trial began, Jali explained his plea and accused Bhengu of killing Aphiwe while he was left behind in his home, as the lookout person.

After that plea explanation, Judge Harrison ruled that the pair must not be kept together. 

During a cross-examination of one of the State witnesses, Nattar gave the version of his client, which implicated Jali as the killer.

The trial continues. 

nomonde.zondi@inl.co.za