Charges withdrawn against youth accused of killing Mozambican national

2015-05-13 16:00

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The State has withdrawn a case against a 17-year-old youth accused of robbing and killing Mozambican national Emmanuel Josias Sithole because he needed to be charged under the Child Justice Act.

Alexandra Court Magistrate Gideon Schnetler on Wednesday told the minor the matter had been withdrawn and that he may stand down.

The matter would be dealt with using the Child Justice Act, the court heard.

The youngster, wearing jeans with a green and yellow golf shirt, left the dock and his co-accused behind as he was led back down to the court's holding cells.

His lawyer, Vinesh Ramlakan, accused the State of being negligent with his client.

"They neglected to do their basic duties. He has already been photographed and named in the media," he told the court.

Ramlakan told News24 that the youth will be held at an institution for juveniles.

"The charges have been withdrawn in this court. He is being kept at a children's centre. They will follow procedure in terms of the Children's Justice Act and [the matter] will be taken to a court which hears these specific matters. He is not free," said Ramlakan.

Prosecutor Jacob Tloubatla told the court that the youth had told police during his arrest that he was aged 19.

Ramlakan had provided the State with the boy's birth certificate on Wednesday morning before court proceedings began.

The other three accused were still in police custody.

The group, all in their 20s, allegedly stole cigarettes from Sithole, a vendor, and attacked him when he confronted them on April 18.

He died as a result of a single stab wound to the chest.

Sithole's death occurred during a wave of xenophobic attacks in April. It started in townships around Durban and spread to Gauteng.

At least seven people, including three South Africans and Sithole, were killed. Scores were injured and displaced.

On Wednesday morning two of the men, Sizwe Mngomezulu and Sifundo Mzimela applied for bail.

While reading both his clients' affidavits in court Vhonani Matshidza told the court both men intended on pleading not guilty to the charges against them.

Tloubatla told the court Mthinto Bengu was ready for trial, as soon as a date was made available.

Schnetler would await a decision on the bail application, taking place under Magistrate Syta Prinsloo in a regional court room, before confirming a trial date.

Read more on:    johannesburg  |  crime

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.