Durban – The man alleged by the State to have been affiliated with an A-Team that worked with the Natal Security Branch has pleaded not guilty to the murder of 17-year-old activist Siphelele Nxumalo, who was killed in 1989.
The trial against Gugulethu Wesley “Matiri” Madonsela, who according to the National Prosecuting Authority had absconded after being granted bail following his arrest for the murder, began on Monday in the Durban Magistrate’s Court.
In court it also emerged that since the alleged offence was committed in 1989 when it came time for sentence, should he be convicted, this would be done within the ambit of the Criminal Procedure Act of 1977 where the minimum prescribed sentence of life does not apply.
Nxumalo died as a result of multiple gunshot wounds. At the time, he was an activist with the United Democratic Front (UDF), which was affiliated with the ANC.
Madonsela has made admissions in terms of section 202 that were read out in court by senior State prosecutor advocate SH Ngcobo.
“The accused makes the following admissions that the deceased is the person mentioned in charge a male 17 who was years old at the time of death. The deceased was shot on 2 February 1989 in Road 12 in Chesterville. The deceased was removed from the scene to King Edward Hospital where he was certified dead on arrival from there he was removed to Gale Street Mortuary where the body was detained.
“The deceased sustained no further injuries from the time removed from the scene to the post-mortem examination by a pathologist. On 3 February 1989 Dr Botha conducted a post-mortem on the body and made the following findings. Dr Botha made findings a firearm injury to the head associated with a skull fracture,a firearm injury on the chest and an abdomen with laceration of the stomach, lungs and had a severed spinal cord,” said Ngcobo.
He said further admissions were that Botha concluded that the cause of death was multiple injuries associated with gunshot wounds.
“The accused made admissions that the facts and findings of Botha are true and correct and related to the deceased in the charge… That on 3 February 1989 he was arrested for the charge at his home in Chesterville.”
The first witness, Phumelele Miya, who was with Nxumalo when he was shot and killed, is currently on the stand leading evidence.
The trial has been set down for today (Monday) and Friday.
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