Zolani Myeki, the man accused of murdering local ANC Youth League leader, Oscar Dondashe, was found guilty on eight charges in the Grahamstown High Court on Thursday.
Zolani Myeki, the man accused of murdering local ANC Youth League leader, Oscar Dondashe, was found guilty on eight charges in the Grahamstown High Court on Thursday.
Myeki was found guilty of murder, four counts of robbery with aggravating circumstances, attempted robbery with aggravating circumstances, and unlawful possession of a firearm and ammunition.
On 12 July 2006 Myeki shot and killed Dondashe in V Street, Tantyi Location, according to the judgment. The accused who was armed with a pistol, pointed it at Dondashe and demanded money and a cellphone from him, but Dondashe said he had neither.
Myeki then shot Dondashe on the back of his head. The court found Myeki had wielded a firearm; his co-perpetrator had a knife. They also robbed his girlfriend, Xolelwa Saku, of her cellphone, a handbag, a wallet containing approximately R350 in cash, and credit cards.
Dondashe and his girlfriend had been on their way home from Dinangwe Tavern, in Tantyi when the incident occurred.
Myeki was also found guilty on other three counts of robbery with aggravating circumstances, in that on 3 July 2009, he and his co-perpetrators had robbed Bulelani Manzi of his firearm. Manzi and his friends had been walking along the street, when they were accosted by Myeki and two other men wielding knives.
On 4 July, Myeki and his friends had also robbed Bongani Majiza of his wallet, containing R280 cash, and an identification document. On the same evening they robbed Mthetheleli Ngqulu of his wallet, containing about R200 cash, an identity document and his clothes. He was stabbed several times and struck with a stone.
Myeki was also found guilty of unlawful possession of a semi-automatic firearm and ammunition. Myeki pleaded not guilty to all charges against him. He said he had been asleep in his room on the night Dondashe was murdered.
Inspector Melekile Mame, who gave evidence in court, said he had seen an empty 9mm bullet cartridge next to Dondashe's body when he arrived. He had gone to Myeki's house and entered a room at the back.
He searched and found an ID book with bank cards belonging to Mthetheleli Ngqulu, a local soldier. Mame then searched Myeki's room, where he found another ID book and dagga. When he questioned Myeki about the identity document, he said it belonged to his sister. In fact, it belonged to Bongani Majiza. Inspector Mame arrested Myeki on the spot.
All the complainants positively identified Myeki as one of the perpetrators. Defence attorney Mthuthuzeli Xozwa said his client should be acquitted of all the charges, arguing that the deceased girlfriend had not properly identified the accused.
However state prosecutor, advocate Heinz Obermeyer, said the testimony of the witnesses could be relied on. “There is no reason for the witnesses to falsely implicate the accused,” said Obermeyer.
Judge Nomathamsanqa Beshe agreed with Obermeyer, saying Saku's evidence could not be faulted. “Her identification of the accused can be relied on, and her evidence is accepted as reliable,” said Beshe. She said the accused had relied on his alibi. “Having considered all the evidence, I cannot say the version of the accused is true,” said Beshe.
Handling down her judgment, she said: “The state has proven its case beyond reasonable doubt, and the accused is found guilty as charged on all charges.” Myeki looked relaxed throughout the court proceedings.
The case was postponed to 10 and 11 February for sentencing.
Meanwhile, Dondashe's elder brother, Thulani Dondashe, speaking on behalf of his family, welcomed the judgment. “We are relieved, although we know this will never bring back my brother. The judgment is fair,” said Dondashe.
ANC Youth League regional chairperson, Mthuthuzeli Matyumza also welcomed the judgment, adding that they were expecting a heavy sentence. “We are very happy with the judgment and we are looking forward to hearing the sentence.
