Kirsten Kluyts’ alleged killer wants charges dropped

Kirsten Kluyts’ alleged killer wants charges dropped

The High Court in Johannesburg has postponed the case against the alleged killer of Sandton teacher Kirsten Kluyts until next month.

Kirsten Kluyts
Facebook/Hoedspruit parkrun

Bafana Mahungela is accused of killing Kluyts during a park run in George Lea Park in October 2023.

Mahungela has been denied bail three times since his arrest in November 2023, a month after Kluyts was found dead at the park.

During his bail application, the accused took to the stand and admitted to disrobing Kluyts and then leaving with her clothes before attempting to discard some items.

READ: Kirsten Kluyts accused denied bail again

Mahungela’s new lawyers say available evidence shows glaring inconsistencies in the state’s case.

Advocate Stanley Jacobs focused on the time stamps on the CCTV footage, compared to the more than 22,000 pages of cell phone records.

“There’s footage which indicates that Mahungela was wearing the t-shirt at 7 am, there is evidence from the state that she started to run at 8 am with the blue t-shirt, and she must have died at 08:15 am – according to the state. We have received footage where at 10 am, she was running. It’s not our evidence, it’s evidence that was disclosed to us.”

Mahungela's lawyers say that as early as December 2023, the state has been in possession of a forensic report that does not detail any DNA links to their client. 

"Under the nails of the deceased, and also on the web spaces, DNA was found of another woman -- implying that the deceased, at her death, had some form of interaction with a woman."

READ MORE: Kirsten Kluyts alleged killer denies her blood was on his clothes

Mahungela’s lawyers have asked the Director of Public Prosecutions to drop the charges against him, which include murder, kidnapping and aggravated robbery.

This was confirmed by the National Prosecuting Authority spokesperson Phindi Mjonondwana.

“The accused made representations which the office of the Director of Public Prosecutions must consider. He is requesting the DPP to review the decision to institute criminal proceedings against him. So, as his lawyers mentioned in court, they arrived at this decision after the NPA had disclosed the contents of the docket. They were exposed to certain information, which they believe is reasonable enough for the request they have made.”

The case was postponed until 12 June for the outcome of representations.

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