Mkhwanazi murder trial: Defence to bring discharge application on some charges
Alleged serial killer Sifiso Mkhwanazi’s lawyer plans to bring a Section 174 application to have his client discharged on some of the charges against him.
Mkhwanazi faces six counts of murder and seven counts of rape, among others, after he was linked to the murders of six sex workers in October 2022.
The 21-year-old’s confession to his father was admitted as evidence in the trial, and he also made the admission during plea negotiations with the state, but he denies that he raped the women or that the murders were premeditated.
On Monday, the trial resumed with the cross-examination of the investigating officer on the case, Sergeant Bongani Mbonambi.
During cross-examination by Advocate Vuyo Maqetuka, Mbonambi accused Mkhwanazi of tailoring his admissions to suit his narrative and evade certain charges.
He again rejected Mkhwanazi’s denial of all seven counts of rape, one of robbery under aggravating circumstances, and another count of obstructing the administration of justice – relating to the concealment of the first body that was discovered.
“He tailored his admissions so that he can run away from certain charges. I put it to the court the last time that his admission was imprecise, it was vague, and his logic was fuzzy,” Mbonambi told the court.
“It leaves us with this conundrum that we can then come to this different conclusion. Not only us as investigators. I believe that this court will find it difficult to come to a clear conclusion about how the event unfolded on the day.
“The only person who had an opportunity to tell us exactly in detail, couldn’t do so.”
Mbonambi maintained the state’s conclusion about the crimes is not farfetched.
Last week, the officer told the court that after soliciting their services, Mkhwanazi led at least three of his alleged victims to a room he dubbed a “slaughterhouse” at his father’s Johannesburg workshop.
READ MORE: Investigator tells court Mkhwanazi led victims to ‘slaughterhouse’
He said the accused’s version that the intercourse between him and the sex workers was consensual does not hold because in his alleged confession to his father, Mkhwanazi said – when he was released from custody after serving time for a rape he claims he didn’t commit – he was seeking revenge.
“If we prove that he had planned to kill them, then we are looking at how he brought them to the factory. It was under false pretences. He was pretending to be an innocent client but knowing very well what he wanted to achieve.
“Whether the sex was consensual or not, for the fact that he pretended to be an innocent client, then the consent for sex is nullified,” added Mbonambi.
Judge Cassim Moosa ordered that the Section 174 application must be filed by close of business on Tuesday, along with both the state and the defence's heads of argument on it.
Section 174 of the Criminal Procedure Act 51 of 1977 details the right of an accused person to be discharged from the offence he has allegedly committed where at the close of the state’s case, there is no evidence on which the court may draw the accused to the charge.
Maqetuka did not list the charges he would be seeking a discharge on, however, State Prosecutor Leswikane Mashabela indicated that the state will oppose the application.
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