Durban — The pain and irritation of not having been told prior to on Thursday that judgment would not proceed against the men alleged to have killed his nephew could be heard in the voice of Bongani Mthembu as he spoke outside the Verulam Magistrate’s Court.
He said the family had been certain that on Thursday they would have gone to bed having found closure for the murder of his 16-year-old nephew, who was killed and his remains stuffed into a bag that was filled with bricks and tossed into a river.
“His mother is even here today (Thursday) because we begged her to come, she has never attended the trial because she did not even want to see the accused. Now I regret that she is here for this disappointment. The worst part is that no one bothered to inform us prior, but the accused were clearly in the know because they are not here,” said Mthembu.
His nephew Andile “Bobo” Mbuthu, 16, who was a Grade 12 pupil at Nkosibomvu Secondary, was murdered in 2020 during the Covid-19 lockdown, accused of stealing alcohol from a local tavern by his alleged killers.
Seven men were initially arrested for his murder, including a minor. However, one of them, Mlungisi Thabethe, 26, who was the owner of Magagula’s Lounge from which Mbuthu had allegedly stolen alcohol, was gunned down while in his VW Polo in 2021.
Only five of the arrested men who are out on bail on appeal stood trial as the minor had become a State Section 204 witness.
The accused are Andile Nhleko, 27, Mncedisi Mzobe, 27, Siyanda Msweli, 26, Lindani Ndlovu, 26, and Malusi Mthembu, 27.
Mbuthu’s family was informed by a court official that due to the unavailability of the magistrate on Thursday, the State and defence had met two weeks ago and arranged another date in July.
“Being told of the postponement once here shows unprofessional behaviour on the side of the State … This is like rubbing salt into our wound as a bereaved family. We had hoped that today (Thursday) would be the day we put everything behind us.
“My nephew was dismembered and burnt, and before that he went through a great deal of pain being tortured. We should have been informed much like the accused not to come to court today (Thursday),” said Mthembu.
Mbuthu’s family had arrived at court with their fellow congregants from their church.
A church leader, Cebolenkosi Mngomezulu, said he hoped that there would be no further postponements.
“It’s approaching five years that we have been coming to court for the case and we hope that on the set date in July, justice will be truly done.”
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