Court grants Mkhwanazi discharge on 1 of 7 rape counts
Alleged sex worker killer Sifiso Mkhwanazi has been found not guilty on one of the seven counts of rape against him.
This after the defence brought a Section 174 application, which provides for a trial court to return a verdict of not guilty at the close of the state’s case if the court is of the opinion that there is no evidence linking the accused to the crimes.
Judge Cassim Moosa delivered his verdict on Wednesday: “… having read the documents filed on record, heard counsel, and having considered this matter, the following order is made. It is ordered that; the accused be granted a discharge on count one - being the count of rape in respect of the complaint Amanda Dlamini. He is accordingly found not guilty.
“The application for discharge on counts 2, 5, 8, 11, 13, 14 and 17 is refused.”
READ: Mkhwanazi murder trial: Defence to bring discharge application on some charges
The 21-year-old was charged with the alleged rape of six sex workers whose decomposed bodies were discovered at his father’s Johannesburg workshop in October 2022.
The first count related to the 2021 case that saw him spend 10 months behind bars.
That case was later withdrawn, but while on the stand, investigating officer Bongani Mbonambi was unable to give reasons for the withdrawal.
Mbonambi also told the court the victim in question was not called as a witness as she was untraceable.
READ MORE: Cell phone, DNA indentify 3 of Mkhwanazi’s alleged victims
Defence lawyer Vuyo Maqetuka argued the state had not produced enough evidence disproving Mkhwanazi’s consent claim.
“The state failed to prove all the elements of crime - specifically the one of consent. The state called four witnesses, and of all the witnesses, none of them have any direct evidence to the rape or the consent.
“Sergeant Mbonambi testified that he came to the conclusion that because of the amount of used condoms that were found in the room upstairs - they came to the conclusion that the accused tied up up the women [and raped them].”
Furthermore, Maqetuka argued that Mkhwanazi’s father, who was the state’s second witness, testified to the alleged revenge in relation to the killings as opposed to the rapes.
Mkhwanazi admitted to the murders but contested all seven counts of rape, one count of defeating the ends of justice, and another of robbery under aggravating circumstances.
State Prosecutor Leswikane Mashabela stressed that Mkhwanazi not only plotted to kill as part of his revenge, as he revealed in the confession to his father, but wanted to also punish his victims by binding them and raping them repeatedly.
WATCH: In his counter argument State Prosecutor Leskwikane Mashabela sticks by the state’s assertion that the accused #SifisoMkhwanazi raped his victims to punish them &seek revenge pic.twitter.com/MAZibLwKJc
— Jacaranda News (@JacaNews) February 21, 2024
Furthermore, Maqetuka argued that Mkhwanazi’s father, who was the state’s second witness, testified to the alleged revenge in relation to the killings as opposed to the rapes.
Mkhwanazi admitted to the murders but contested all seven counts of rape, one count of defeating the ends of justice, and another of robbery under aggravating circumstances.
State Prosecutor Leswikane Mashabela stressed that Mkhwanazi not only plotted to kill as part of his revenge, as he revealed in the confession to his father, but wanted to also punish his victims by binding them and raping them repeatedly.
He again rejected the accused’s denial of one of the six obstructions of the administration of justice counts, claiming he left the body out to be found.
“If it’s his intention for the body to be discovered, why not drag the body to the floor of the workshop where everybody has access so that it can be discovered? Why didn’t he do that? He failed to do that.
“So, why should we believe him when he says [his] was for this body to be discovered?”
Both the defence and the state confirmed they have closed their case.
The matter returns to court on 28 February 2024.
He again rejected the accused’s denial of one of the six obstructions of the administration of justice counts, claiming he left the body out to be found.
“If it’s his intention for the body to be discovered, why not drag the body to the floor of the workshop where everybody has access so that it can be discovered? Why didn’t he do that? He failed to do that.
“So, why should we believe him when he says [his] was for this body to be discovered?”
Both the defence and the state confirmed they have closed their case.
The matter returns to court on 28 February 2024.
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