Johannesburg - A man accused of shooting and killing one man and critically injuring another claims in court papers that he is a bodyguard and driver for the Umzumbe Local Municipality's speaker of council Matho Shozi.
The details were revealed in an affidavit at the Alexandra Magistrate's Court on Tuesday, shortly after Sibusiso Patrick Khumalo had appeared on murder and attempted murder charges.
"I am employed as a driver and a bodyguard to the speaker of Mzumbe municipality in the area of Port Shepstone in Durban since August 2016 to date and I am earning an amount of R22 000 per month," he said.
The municipality, however, has denied that Khumalo was an employee.
"The municipality has no records of Sibusiso Patrick Khumalo. He is not employed by the municipality in any capacity," spokesperson Trevor Khanyile told News24.
Khumalo was released on R2 000 bail on Tuesday morning. He was arrested on January 9 after handing himself over to police for allegedly shooting and killing Tshepo Mabusela, 30, and critically injuring Thapelo Mariki, 35, in the early hours of that morning at a 24-hour pizza outlet in Rivonia, Sandton.
According to police, Khumalo and a man he named as a colleague in his affidavit entered the outlet around 03:00 in the morning and accosted two women who had been standing at the counter.
It is believed that the two women appeared not to be interested in speaking to the two men, based on their body language observed on the CCTV footage.
At some point, Khumalo is seen walking out of the outlet. During this time, the two victims - Mabusela and Mariki - are seen walking into the outlet and attempt to speak to the two women while waiting in line.
Khumalo's "colleague", who was still inside the shop at that point, then appears to have an argument with the two men which results in a physical altercation.
Khumalo is then seen re-entering the outlet, cocking his gun and then shooting both men as they attempt to flee in different directions. Shortly after shooting at Mabusela, who attempts to run out of the shop, and Mariki - who jumped over the counter to hide - Khumalo and his accomplice then flee the scene with two other women who had remained in the car during the incident.
A few hours later Khumalo and three others were arrested and charged with attempted murder, police spokesperson Constable David Mothapo told News24 at the time.
'Is that normal for such a serious crime?'
However, it is understood that Khumalo had handed himself over to the police and that the other three were later released without being charged.
On Tuesday Khumalo appeared for a formal bail application.
But Mabusela's family told News24 the matter was not read out in court.
"It did not even take 10 minutes. They told the court they did not oppose bail and the investigating officer also did not oppose it. He was granted R2 000 bail for a murder. Is that normal for such a serious crime?" his family said outside court.
According to his affidavit, 37-year-old Khumalo lives in Cato Manor in Durban with his wife and three children who are still in school. He owns a house, a piece of vacant land and two vehicles.
He intended on pleading not guilty to the charges.
"The basis of my defence is that of private defence in that I was defending my life as well as the life of my colleague who was severely assaulted by the deceased as well as the injured party," the affidavit read.
The State said it opted not to oppose bail, stating that Khumalo was not considered a flight risk, they did not believe he would interfere with investigations and they were still awaiting a post-mortem and ballistics reports.
According to an affidavit submitted by investigation officer Constable Aubrey Tshisani, who also did not oppose bail, Khumalo used a licensed firearm during the incident and had been identified by two witnesses during an identity parade.
The police were also in possession of the outlet's CCTV footage of the morning of the incident. Khumalo had a previous conviction from 2002 for stolen property, the officer said.
However, despite this, both the state and the police found it was in the interests of justice to grant Khumalo bail.
Mabusela's family said since hearing of their brother's death, no police officer had visited their family to inform them about the details of the case. They said they had to call the police station to find out when the accused would be appearing in court.
'He did everything for me'
A friend of Mabusela's, who was called to the scene immediately after the incident, said he arrived to find that he had been taken to hospital but later succumbed to his injuries. Mariki was still fighting for his life in hospital.
Mabusela's mother and sister described the 30-year-old as a kind person who loved people and a generous and hard-working man who took care of his family.
"He was the bread-winner. He took care of his sister who is a single mother of two. He took care of me, and he also has a 4-year-old son," his mother said.
The family has expressed disappointment in both the police as well as the courts for the manner in which the case was handled.
"I am pained by all this, I depended on him. He did everything for me," Mabusela's mother said.
They have called on the leaders of the ruling party and the municipality to condemn their son's killing and provide them with answers.
The matter was postponed to February 14.