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February 20, 2024

Sex workers murder accused wants some the charges dropped

Sifiso Mkhwanazi has filed an application to be discharged
Photo: Sibonelo Zwane

Serial murderer and rape accused Sifiso Mkhwanazi has filed an application with the Gauteng High Court sitting at Palm Ridge to be discharged from some of the charges he faces. The investigating officer in the matter Sergeant Bongani Mbonambi was cross examined yesterday by the defence's lawyer, where he testified that the accused, "tailored his admission to the crimes to suit his narrative", that he never intended to kill the ix sworkers.


DISCHARGE


The defence of the accused Advocate Vuyo Maqetula brought in application in terms of Section 174 of the Criminal Procedure Act. "My Lord I would like to bring this application; however, this would be an opportune time to take a long adjournment in order to achieve this as discussed with my learned friend that we would need time to go over it and which counts in particular "said Maqetula. The judge presiding over the matter, Cassim Moosa, said he understands that the application brought by the defence to discharge the accused will take time. "Mr Mkhwanazi , your defence council has indicated to this court that he intends on launching an application for your discharge and the closing of the state's case in terms of Section 174 of the Criminal Procedure Act 51 of 1977. Council for the state has indicated that his understanding is that perhaps the application for your discharge is going to be made to distract some of the counts but in broad strokes, he has indicated that he is going to oppose such an application. Both parties have agreed that it would be proper in the circumstances that they be given a short period of time in order to formulate the application as well as to respond adequately. " The judge ordered the defence council that the heads of arguments and application for discharge are to be filed no later than Tuesday the 20th of February, as well as the response by the state.


CHARGES


The defence is trying to have some of the charges faced by Mkhwanazi reversed following arguments in court. Mkhwanazi is facing seven counts of rape, six of murder, six of defeating the ends of justice, one charge of robbery with aggravating circumstances and possession of an unlicensed firearm and ammunition. During cross examination in court yesterday, the defence insisted that Mkhwanazi had consensual sex with his victims and never intended to kill them but was triggered whenever there'd be arguments about payment agreements and then he would end up killing them. In contrast, Sergeant Mbonambi told the court that Mkhwanazi killed the women as a revenge following his 2018 false rape case by a Miss Dlamini. The State is trying to prove that Mkhwanazi pre-meditated the murders and intentionally picked up the sex workers under false pretence as a client, only to rape and kill them. Ruling on discharge and heads of arguments to be heard tomorrow.

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