Father Smangaliso Mkhatshwa’s adopted son Sipho who has been arrested for the murder of Hillary Gardee has a history of violent behaviour.
The Mkhatshwa family revealed in a statement on Monday that they had taken out a protection order against him.
The revelation comes just as Sipho, 39, and two other accused – Phillimon Lukhele, 49, and Albert Gama, 52 – appeared in the Nelspruit magistrates court.
“The Mkhatshwa family is shocked by the arrest of Sipho Mkhatshwa, relating to the gruesome murder of Hillary Gardee, the daughter of Mr Godrich Gardee. The South African Police Service contacted the family on a separate matter involving Sipho.
“The police then informed the family about the arrest. Sipho Mkhatshwa was adopted by Ms Victoria Mkhatshwa, who is unfortunately late. The family raised Sipho and contributed to his education. Prior to the arrest by the police, Sipho was also served with a protection order at the request of the family, for his violent behaviour towards occupants of the family residence, including damage to property,” the family said in a statement.
Smangaliso Mkhatshwa is former mayor of Tshwane and struggle veteran who has served at different positions within the ANC and government between 1994 and 2000, including being the deputy minister of education.
They said there had been prior interventions by traditional leaders, with no success.
“At the time of his arrest, Sipho Mkhatshwa was staying in Schoemansdal, a separate township from Driekopies. The Mkhatshwa family has confidence in the law enforcement agencies and the legal procedures of the country,” the statement continued.
The 28-year-old’s body was found by timber farm workers on Tuesday along the road just outside Mbombela.
She had gone missing on Friday last week after her abduction outside a shopping plaza while she was with her three-year-old adopted daughter.
Her alleged killers later dropped off the child close to where Gardee lived in KaMagugu.
The family extended sincere condolences the Gardees and condemned in the strongest terms the scourge of crime, especially in the form of violence against women and children.
They said they would not comment further as the issue was now with the relevant authorities.
In court, state prosecutor, advocate Ntsika Mpolweni told the court that the three are facing six charges, murder, conspiracy to commit murder, kidnapping, rape, possession of firearm and ammunitions, and defeating the ends of justice.
“Looking at the nature of the crime this is a schedule six offence. Through the accused’s lawyer I was informed this morning that the accused are abandoning their bail application. The state therefore is asking for the court to postpone the matter to June 9, to allow further police investigation. There are DNA results pending, ballistic tests and also footages and analysis of the CBD where the crime took place,” said Mpolweni.
Advocate Sifiso Silindza representing Mkhatshwa, and Ncobizitha Mlilo for Lukhele told the court that their clients were seeking medical attention following an alleged torture while in custody.
“My client will also ask the court to allow him to get medical attention because he was tortured. My client also seeks to inform this court that he is sending his condolences to the Gardee family especially Godrich Gardee whom he has known for years,” said Mlilo.
His message triggered those in the gallery as they shouted “we don't need your condolences”.
Magistrate Thulethu Tonjeni postponed the case to June 9, for further investigations.
Mpumalanga police spokesperson Col Donald Mdlhuli said they were looking for more suspects.
Hillary is the daughter of former EFF secretary general Godrich Gardee who was abducted two weeks ago from a plaza in Mbombela. Her body was found four days later about 60km outside of Mbombela. She was stabbed and shot in the head.
