Cops accused of killing Mthokozisi Ntumba amid student protest want case thrown out

accreditation
0:00
play article
Subscribers can listen to this article
The four officers accused of the murder of Mthokizisi Ntumba appear in court.
The four officers accused of the murder of Mthokizisi Ntumba appear in court.
Papi Morake/Gallo Images
  • Four men accused of killing Mthokozisi Mtumba in March 2021 have brought an application in terms of Section 174 of the Criminal Procedure Act to be discharged.
  • The men appeared in the Gauteng High Court in Johannesburg on Monday. 
  • They have pleaded not guilty to charges of murder and attempted murder. 

The four men accused of killing Mthokozisi Ntumba will have to wait until Tuesday morning to find out if they will still face charges of murder and attempted murder.

Tshephisho Kekana, 27, Cidraas Motseothatha, 43, Madimetja Legodi, 37, and Victor Mohammed, 51, appeared in the Gauteng High Court in Johannesburg on Monday. 

They have brought an application in terms of Section 174 of the Criminal Procedure Act to be discharged.

The accused argued the State had failed to prove there was a case to answer, adding no court could possibly convict them. 

Ntumba was killed in Braamfontein in March 2021 during student protests over historical debt.

READ | US Supreme Court ends constitutional right to abortion

He had just left a consultation at a clinic when he was shot dead, allegedly by four police officers.

The State alleged three students, who were waiting outside the Johannesburg Institute of Engineering and Technology College, were also shot and injured that day.

Advocate Thomas Mahope, for Kekana, told the court the State never "presented any eyewitness who saw the deceased being shot by the accused on 10 March 2021 at De Beers Street". 

He also accused the investigating officer of seeking to "mislead the court with her unfounded allegations".

Mahope said the investigating officer allegedly identified the accused from a video that was not handed over to the court as an exhibit and therefore the court should disregard that piece of evidence.  

Mthokozisi Ntumba
Mthokozisi Ntumba.

Meanwhile, advocate Emmanuel Netshipise, for Motseothatha, argued the State alleged the accused "acted in furtherance of common purpose" but said throughout the trial the State had not dealt with the question of "common purpose". 

"There is no evidence tendered before you that there was an agreement between the accused."

Advocate Benny Ndaba, for Legodi, said in the video, which was played in court, no officer was seen firing shots. 

Prosecutor advocate Evelyn Moseki asked the court to dismiss the application. 

READ | Man shot dead inside Tashas Rosebank while waiting for his order

Moseki said there was a prima facie case against the accused.

In her heads of argument, she argued there were no other police officers at the crime scene during the shooting, except the accused.

Moseki said the accused were at the crime scene, shooting randomly.

"The legal representative of the accused argued that the accused were acting in accordance with the instructions of their commander, but they did not justify the conduct of the accused of shooting the deceased in count one, and victims in count two to four."

Judgment is expected on Tuesday morning.


We want to hear your views on the news. Subscribe to News24 to be part of the conversation in the comments section of this article.


We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today. Thereafter you will be billed R75 per month. You can cancel anytime and if you cancel within 14 days you won't be billed. 
Subscribe to News24
Voting Booth
Zama zama crackdown: What are your thoughts on West Village residents taking the law into their own hands?
Please select an option Oops! Something went wrong, please try again later.
Results
Authorities should bring in the army already
17% - 207 votes
Illegal miners can't be scapegoated for all crime
8% - 99 votes
What else did we expect without no proper policing
67% - 797 votes
Vigilante groups are also part of the problem
7% - 80 votes
Vote
Rand - Dollar
16.60
+0.1%
Rand - Pound
20.06
+0.1%
Rand - Euro
16.93
+0.1%
Rand - Aus dollar
11.61
-0.0%
Rand - Yen
0.12
-0.0%
Gold
1,786.10
-0.2%
Silver
20.69
+0.1%
Palladium
2,206.00
-1.7%
Platinum
946.02
+0.1%
Brent Crude
96.65
+1.8%
Top 40
63,771
0.0%
All Share
70,266
0.0%
Resource 10
65,045
0.0%
Industrial 25
85,829
0.0%
Financial 15
15,741
0.0%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE