Sentencing of two men for the murder of ANC member Sduduzo Magwaza set for June

The Durban High Court is set to sentence two men in June for the murder of Sduduzo Magwaza, who was a loyalist to the former mayor of eThekwini Municipality, Zandile Gumede. 

Magwaza, an ANC member, was gunned down in his flat in Cornubia on January 12, 2021. He later died at the Mahatma Gandhi Memorial Hospital due to gunshot wounds to the chest and abdomen. 

Magwaza was nominated to become chairperson of the party at Durban Ward 102 in Verulam, in the upcoming elections of the organisation. 

The court has found Siphamandla Makhanya and Mxolisi Hadebe guilty of his murder. 

Hadebe and Magwaza were part of a Project Steering Committee that handled tender projects in Verulam, Ward 102.

According to the State, Magwaza had tenders, while Hadebe did not. Hadebe, who was friends with Magwaza, allegedly hired Makhanya to kill Magwaza. 

The court had also heard from State witnesses that when Makhanya came to Cornubia in December 2020, he said he killed politicians and was in the area to kill one. 

In finding the accused guilty, Judge Sharmaine Balton said she was satisfied that one of the motives for the murder may have been that Hadebe desired the deceased’s tenders. 

She said during cross-examination, Hadebe said Magwaza had no tenders.

Hadebe clarified that although Magwaza had been given tenders, they had not yet received the letters of award.

However, when Hadebe was referred to his evidence where he said Magwaza had a tender to supply sand, he said the work had not commenced. 

“He then reluctantly agreed that the deceased had a tender, and his explanation for stating that the deceased did not have a tender was that he was referring to the confirmed tenders at that time. This version was contrary to his evidence that he did not have any tenders at all,” Judge Balton said. 

The judge described the duo as pathetic witnesses and said that when their evidence was weighed against that of the State, the inevitable conclusion was that Hadebe hired Makhanya to kill Magwaza. 

“This plan was probably hatched around December 29, 2020, and finally executed on January 12, 2021; neither accused could explain the overwhelming evidence against them,” she added.

Judge Balton stated that she was satisfied the State proved beyond a reasonable doubt that the duo planned and successfully executed the murder of Magwaza.

She said there was no plausible reason for Makhanya’s sudden appearance in Cornubia and the sudden friendship that developed between him and Hadebe. 

She stated that she was not satisfied that the accused should be convicted of conspiracy to commit murder as this would result in duplication of charges. 

Additionally, Judge Balton said she was not satisfied that the State proved that Hadebe and Makhanya were in possession of unlawful firearms and ammunition. 

They were acquitted on these charges, including that of conspiracy to commit murder. 

nomonde.zondi@inl.co.za