The lawyer representing the man convicted of murdering ANCYL secretary-general Sindiso Magaqa has asked the court not to impose a life sentence on his client, arguing that he has showed remorse by pleading guilty and has revealed the identities of the instigators.
Sibusiso Ncengwa, one of four accused in Magaqa’s murder, pleaded guilty earlier this month.
His lawyer, Andrew Matlamela, on Monday told the Pietermaritzburg high court in KwaZulu-Natal that his client did not only plead guilty but had fully disclosed who the instigators are.
He said Ncengwa had already spent eight years behind bars. He said the firearm, an AK47, that killed Magaqa was not in his client’s hands but those of his co-accused.
“There are compelling circumstances to deviate from the life minimum sentence. Most importantly, today we know who the instigators are,” he said.
State prosecutor Adv Elvis Gcweka said Ncengwa had a previous conviction for charges including theft, robbery, three counts of murder and attempted murder, in which he was sentenced to 30 years behind bars in 2021.
Gcweka also read the victim impact statement from Magaqa’s cousin, Lwazi Magaqa, who said the family suffered from psychological and emotional trauma following his murder.
“The Magaqa family is psychologically disturbed by the death of Sindiso, who was a son, a brother, breadwinner and a father of three girls,” read the letter.
There are compelling circumstances to deviate from the life minimum sentence. Most importantly, today we know who the instigators are.
— Lawyer, Andrew Matlamela,
Lwazi said Magaqa’s 71-year-old mother, who was diabetic, had never received counselling since 2017 and would cry whenever her son’s name was mentioned in the media.
Gcweka read another statement from the ANC’s Kwazi Mshengu, who said Magaqa’s assassination had resulted in deep tension in the party.
“As comrades started to suspect each other, the ANC public image was being damaged... as tension grew among the comrades, this communicated a message that it is no longer safe to be an active member of the ANC. His demise was also at the height of killings of politicians.”
Matlamela said the ANC should go to the Magaqa family and apologise because the alleged instigators were from the party.
“All they are saying is that this killing has affected the organisation but they are not saying the killing was caused by their senior members,” he said.
Magaqa was shot in July 2017 and succumbed to his injuries after spending time in hospital.
In his 13-page plea, Ncengwa implicated former Umzimkhulu municipality city manager Zweliphansi Skhosana, ex-mayor Mluleki Ndobe, who is now late and former journalist and eThekwini municipality communications manager Mdu Ncalane.
He said he and his co-accused were initially paid R120,000 for the hit and promised a R1m tender.
However, while in prison, he found out that Skhosana and Ndobe had paid R600,000 for the hit.
He said Ndobe and Skosana requested them [accused] not to fight in prison and that they would pay them R500,000.
Ncengwa said the R500,000 was collected by Ncalane. Skhosana and Ndobe were initially also charged but charges against them were withdrawn due to insufficient evidence.
The sentencing has been postponed to July 7.
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