Pupil 'was shot over torn shirt'

2003-06-10 08:37

Pietermaritzburg - A 15-year-old boy allegedly shot a school-mate outside Smero Secondary School because the pupil tore his clothes in a fight three days before, the Pietermaritzburg Magistrate's Court heard on Monday.

Inspector Sipho Bhengu was outlining the state's case during a bail application for Nkosikhona Ngcobo, 20, and Johnny Mbhele, 19. The two, along with the 15-year-old, are charged with the murder of Msizi Nxele, 20.

The youngest boy, however, is not applying for bail. His guardian told the court that she fears for his safety and would prefer him to be detained.

Bhengu told the court that on May 23, the juvenile and Nxele had a fight in the school grounds during which Nxele allegedly tore the boy's clothing. The matter was reported to the principal, who asked both the boys to bring their parents to school on Monday, May 26.

"On Monday morning [Nxele] was on his way to school accompanied by other pupils and was followed by accused one [the juvenile]," said Bhengu.

The boy asked Nxele when he was going to pay for his clothes and then fired a shot at Nxele's abdomen. Nxele fell to the ground and the boy allegedly fired two more shots at him.

Bhengu said the 15-year-old hired the firearm from Ngcobo for R50 and that the gun was found in Mbhele's possession after the shooting. At the moment all he has is hearsay evidence that Ngcobo and Mbhele knew about the murder beforehand, and he needs more time to gather evidence.

All three pupils are representing themselves. Cross-examining, Ngcobo asked Bhengu why he was arrested, as he had nothing to do with the murder. Ngcobo said the juvenile found the firearm in a taxi and did not hire it from him.

Mbhele told the court that Ngcobo gave him the firearm to keep.

Bhengu said the community is outraged and that if the three are released their lives could be in danger.

The bail hearing continues next week.

- The Witness