The magistrate's court in Grahamstown today heard a horrifying account of two hours of torture that Grahamstown man Thembelani Qwakanisa allegedly suffered on 2 October. The evidence was given during the formal bail application of Rhodes University student Thembani "Zion Eyes" Onceya today, Friday 28 October.
The magistrate's court in Grahamstown today heard a horrifying account of two hours of torture that Grahamstown man Thembelani Qwakanisa allegedly suffered on 2 October. The evidence was given during the formal bail application of Rhodes University student Thembani "Zion Eyes" Onceya today, Friday 28 October.
Qwakanisa’s mutilated body, wrapped in a carpet, was retrieved from Zion Dam in Extension 6 on Wednesday 5 October.
Today, state prosecutor Lyle Prins with the assistance of investigating officer John Manzana detailed the torture Qwakanisa allegedly underwent at the hands of five men charged with his murder.
Onceya’s four co-accused are cousins Akhona Onceya, 28 and Simamkele Onceya, 22, Siviwe Gqotholo, 29 and Mzwanele Mali, 25. In a second about-turn, the four have said they would not apply for bail.
The state told the court that witnesses will testify that on 1 October, Thembani Onceya and his co-accused were drinking and listening to music on Thembani’s laptop in Akhona 's back room at the Onceyas’ Extension 9 home.
Qwakanisa was drinking with the five accused that night, according to the state.
According to the evidence presented, on the following day, Sunday 2 October, Thembani awoke to discover that his laptop was missing. He became extremely angry, saying, "My life is on that laptop!"
Suspected
When he realised that his laptop had gone missing Thembani, according to the state, immediately suspected Qwakanisa had stolen it.
The state alleges that Thembani asked people who knew Qwakanisa to go and look for him and bring him to his home in Extension 9.
When Qwakanisa arrived, according to the evidence presented, he was taken to Thembani’s room – a different room at the same Extension 9 house – and asked to produce the laptop.
When Qwakanisa denied any knowledge of the laptop, the torture started, according to the evidence presented in court.
The court heard that:
*Thembani was the "ring leader" because he had the motive: he had accused Qwakanisa of stealing the laptop.
*Qwakanisa was forced to remove all his clothes and was placed on a carpet in Onceya's room, which was later used to cover up his mutilated body.
*He was then assaulted by all five accused.
*Pliers and a claw hammer were found in Thembani's room. The pliers were used to remove Qwakanisa's teeth. (Prins said, "A witness will testify that while you were playing dentist, the deceased was still alive.")
*When during the torture Qwakanisa asked for water, the five accused boiled water and forced some down his throat , pouring the rest over his head.
*The fingers on Qwakanisa's right hand were broken by the five accused.
*The accused took a black plastic rubbish bag, melted it and dripped it on to Qwakanisa's naked midriff.
* Qwakanisa was tortured for more than two hours during which his neck was broken.
Witnesses
Thembani denied being in Extension 9 on 2 October, the day of Qwakanisa’s alleged torture.
However, his testimony was contradicted by his grandmother Ntombizodwa Florence Onceya who according to the state, in her statement placed Thembani in Extension 9 on that day.
Prins further told the court that he had documentary evidence from a document from Rhodes University which indicated Thembani had checked into his residence at 5.54pm on Monday 3 October.
Detective Warrant Officer John Manzana also told the court that more than five witnesses will testify that they saw and tried to stop the torture.
Williams pressed Manzana to tell the court what the time of death was; however, Manzana was adamant that he would not answer any questions pertaining to the post-mortem results.
Williams told the court that Manzana was bordering on contempt of court after he repeatedly refused to answer any questions about the time of death.
Music
In court, Prins gave an account of Qwakanisa’s alleged murder by the five accused that began with Thembani and his four co-accused drinking in Akhona’s flat at the Onceyas’ Extension 9 home.
In reply to questioning by Prins, Thembani said it was true that he had been playing music on his laptop.
But while Prins said they were drinking with the deceased on Saturday 1 October, Thembani denied this and said he hadn’t seen Qwakanisa.
“Later on you became drunk and went on to your flat to sleep,” Prins continued. On Sunday morning you discovered that your laptop was missing and you suspected Qwakanisa had stolen it.
“You became very upset because everything of yours was there.
“You asked people to bring Qwakanisa to your home. You asked him about the whereabouts of the laptop and he said he didn’t knew where is it. That is when the violence started,” said Prins.
Prins put to Thembani details of Qwakanisa’s alleged assault and torture in his room.
Prins put it to Thembani that afterwards they rolled Qwakanisa up in the carpet and placed him behind a couch and that later on, they put him in a wheelbarrow and dumped him in Zion Dam in Extension 6.
Thembani said that as per instruction from his lawyer, he would not answer Prins’s question regarding the whereabouts of his laptop.
Prins said that on Monday 3 October, Thembani posted on Facebook that he had been robbed of his laptop.
Thembani said he was living with his grandmother, Nombizodwa Florence Onceya, and his cousins in Extension 9.
Called to the stand, Manzana read part of a statement made by Thembani’s grandmother.
In the statement, she said Thembani had arrived in Extension 9 on Saturday 1 October and left on the morning of Monday 3 October
This contradicted Thembani’s statement that he arrived in Extension 9 on Saturday 1 October and returned to Rhodes University on Sunday 2 October.
Shown a photograph of the carpet in which Qwakanisa’s body was found rolled up, Thembani said he knew the carpet from his room.
Manzana said according to evidence from the investigation, Qwakanisa was tortured for more than two hours and his neck was broken.
Thembani's bail application will continue on Monday 31 October when further evidence will be presented.
Thembani is a well known activist both on- and off-campus in Grahamstown, and until two years ago contributed on a freelance basis to Grocott''s Mail, where he had undergone training as a citizen journalist.