By Aphiwe Ngowapi
A momentous ruling emanated from the Makhanda Magistrate’s Court this week, putting an end to a legal battle that has gripped the local community for months and affording relief to four influential community members, their families and supporters.
On Wednesday, 2 October, the court dropped all charges against Grahamstown Anti-Crime leaders Luyanda Sakata, 42, Mphithizeli Diko, 63, Xolisile Mlatsha, 54 and Vuyo Madinda,42, finding that the evidence presented against them was inconsistent and unreliable.
Grocott’s Mail previously reported that Sakata, a former Makana Municipality ward councillor, Diko, Mlatsha and Madinda, were all charged with beating Siviwe Sajini, a 34-year-old man, with sticks and steel pipes, in a mob assault in Ethembeni Location in March 2023. Sajini died in hospital from a head injury due to blunt force, according to postmortem results. The four men were only arrested on 14 March 2024.
“We were arrested for political reasons, however, the court found us not guilty because nothing points to us. Another thing is that my name did not appear in any of the witness’ statements, and the magistrate wanted to know why I was arrested,” says Sakata.
The decision has brought relief for their families and supporters as well.
“The Joza Police Station head apologised on behalf of their investigating officer. However, going forward we want to see consequence management take place. We want to see him do something about the chief investigating officer, Danny Brits,” says Sakata.
The prosecution accused the four of serious offenses. However, the court found that the evidence provided by the witnesses was inconsistent and unreliable. The magistrate emphasized that contradictions in witness testimonies, while not uncommon, did not meet the threshold required to prove the defendants’ guilt. The magistrate further stressed that the case lacked a comprehensive and credible foundation, leading to the charges being dismissed.
The defense had long argued that the accusations were baseless and “deliberate falsification of facts”, and this verdict underscores the importance of solid and verifiable evidence in criminal trials. Evidence filed by the defendants also played a role in the outcome, highlighting that witnesses had been coerced into giving false testimonies, the court found.
The dismissal has brought relief among the families of the accused, while others remain divided over the outcome. The case highlights the complexities of the judicial process and the need for rigorous standards in presenting evidence.
“Ours is to now assist the family in finding Lifa’s real killers,” stressed Sakata.
However, all is not clear yet for Sakata and Diko as the the two men and two co-accused, Bandile Makebe and Nomfundo Adam, face charges of murder and assault with intent to cause grievous bodily harm. They allegedly assaulted and fatally wounded a suspected criminal in 2022.
They are out on R500 bail in that case.
