The Durban Regional Court adjourned for a few minutes on Thursday morning to give a State witness time to compose himself after he broke down while narrating how two police officers from uMkhomazi police station shot and killed Cyril Nhlonipho Nzimande.
Nzimande was allegedly gunned down by Mayendran Colin Chetty and Thanduxolo Vincent Phelago in his home in the Amahlongwa area, uMkhomazi, on August 23, 2022, at around 2.30am.
The police offers are facing charges of conspiracy to commit murder, two counts of housebreaking with intent to commit murder, robbery with aggravating circumstances, unlawful possession of a firearm, unlawful possession of ammunition and four counts of murder.
They are also alleged to have killed Victor Mqapheli Cele, Pilayelo Sydney Buthelezi, and eThekwini ANC councillor of ward 99 Mnqobi Molefe.
The witness, who cannot be named for safety reasons, told the court that Nzimande used to sell drugs like rock, whoonga and crystal meth.
“I used to sell the drugs and give the money to Nzimande,” he said.
State prosecutor advocate Nhlanhla Shange asked the witness where the drugs were stored. The witness said the drugs were stored in Nzimande’s house.
He said Chetty would come in his police uniform in a a police van to buy drugs. Chetty would take the drugs, not pay for them and say that Nzimande knew about it. Two days later, Chetty and Nzimande would argue about that.
Chetty had said Nzimande should not take him for granted because Nzimande had given other police officers money and he had to pay for the drugs out of his pocket.
“Chetty told him that he would show him one day,” said the witness.
He said that on the day of the murder, he had been asleep at home when he was awakened by the scary noise of people knocking on the veranda. He said the visitors had said they were police looking for drugs and ordered Nzimande to open the door.
The witness said he had peeped through the sliding door of the main house he had been sleeping in and could see what was happening in Nzimande’s house which was in the same yard.
He had seen a tall man in a police reflector jacket and a sun hat. He said one of the people had spoken in isiZulu and the other in English.
The witness said he had recognised Chetty’s voice as he had known it well because he had shouted whenever he had come to buy drugs.
“It was not difficult for me to hear his voice,” he said.
He said the tall man, whom the court had learnt was Phelago, had been standing facing Nzimande’s door. Phelago had taken out a gun, cocked it and pointed it at the door.
He said the scene had frightened him and he had hidden under a bed. He could hear what was happening as they had been separated by a wall, Nzimande’s door on the other side of the wall.
When the two men had entered the house, they had asked Nzimande about the drugs and assaulted him.
“I have never heard a male cry like this before. It was scary and he was apologising,”
The witness said there had been shuffling and he had heard the people assaulting Nzimande say they were not there to play.
“Amid all that noise, I heard a gunshot,” he said.
It was at this moment that the witness broke down and cried.
The Nzimande family, sitting in the gallery, started crying too.
Phelago was seated in the dock with Chetty who was smiling.
The trial continues.
Sunday Tribune