News / Africa
Mozambican killed during xenophobia was violent- lawyer
24 Jun 2015 at 14:42hrs | Views
Mozambican national Emmanuel Sithole started the fight which led to his death in Alexandra in April, the regional court sitting in the Johannesburg Magistrate's Court heard on Tuesday.
"My client, accused number four (Sifundi Mzimela) will tell the court that the deceased (Sithole) attacked him with a brick, and that accused three (Sizwe Mngomezulu) intervened to help Mzimela, the deceased had hit him with a brickā¦that is where the fight started," said Vhonani Matshidza, the legal representative for Mzimela and Mngomezulu.
IOL news reported that Mthinto Bhengu, Mngomezulu, Mzimela and a 17-year-old boy are charged with murder and assault with grievous bodily harm relating to the attack on Sithole. The incident happened on April 18 in Alexandra, north of Johannesburg, as a wave of xenophobic attacks swept South Africa.
Matshidza confirmed that it was indeed his clients who were pictured in Sunday Times photographs of the attack shown in court, but disputed State witness Sibusiso Blessing Mnyandu's testimony about what happened on the day.
Magistrate Lucas van der Schyff asked Mnyandu if he saw the fight where Sithole allegedly assaulted Mzimela with a brick.
"No, I did not see that. I do not know anything about the brick incident," Mnyandu said.
Mnyandu testified that he witnessed the alleged attack on Sithole by the accused. He told the court how Sithole, a hawker, was chased down 1st Avenue, hit with a spanner and stabbed in the street, allegedly by the four accused.
The four cursed at him as they took turns assaulting him, he said.
The trial was held in camera as it involves a minor. Only journalists and the under age accused's guardians were allowed in court.
Van der Schyff postponed the trial to June 30.
"My client, accused number four (Sifundi Mzimela) will tell the court that the deceased (Sithole) attacked him with a brick, and that accused three (Sizwe Mngomezulu) intervened to help Mzimela, the deceased had hit him with a brickā¦that is where the fight started," said Vhonani Matshidza, the legal representative for Mzimela and Mngomezulu.
IOL news reported that Mthinto Bhengu, Mngomezulu, Mzimela and a 17-year-old boy are charged with murder and assault with grievous bodily harm relating to the attack on Sithole. The incident happened on April 18 in Alexandra, north of Johannesburg, as a wave of xenophobic attacks swept South Africa.
Matshidza confirmed that it was indeed his clients who were pictured in Sunday Times photographs of the attack shown in court, but disputed State witness Sibusiso Blessing Mnyandu's testimony about what happened on the day.
Magistrate Lucas van der Schyff asked Mnyandu if he saw the fight where Sithole allegedly assaulted Mzimela with a brick.
Mnyandu testified that he witnessed the alleged attack on Sithole by the accused. He told the court how Sithole, a hawker, was chased down 1st Avenue, hit with a spanner and stabbed in the street, allegedly by the four accused.
The four cursed at him as they took turns assaulting him, he said.
The trial was held in camera as it involves a minor. Only journalists and the under age accused's guardians were allowed in court.
Van der Schyff postponed the trial to June 30.
Source - online