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Court halts delay tactics by muti murderer

Court halts delay tactics by muti murderer


23 March 2021

Msibi mixed brake fluid with beer and forced Gabisile to drink it. She was also forced to smoke dagga with Mkhize.

Vosman kidnapping and murder suspects Thulani Thobela (26), Donie Cavin Boshielo (22) and Mthobisi Brilliant Mkhize (26) had their bail application denied by the Witbank Magistrate’s Court. The fourth suspect, Thokozani Msibi (32), a Swazi sangoma, was also denied bail. The trio broke into a house on 2018 January 2018, and gained entry into the dinning/living room. They proceeded to kidnap two children, Gabisile Shabane (13) and 15-month-old cousin, Nkosikhona Ngwenya. Gabisile had been living with albinism. The children were residing with their 50-year-old grandmother. After the kidnaping, a nationwide manhunt ensued, and Msibi was the first one to be arrested. The SAPS discovered the remains of the two children at Cullinan, and along the N4 Highway respectively. Gabisile’s mutilated body was found buried in a shallow grave, and Nkosikhona was found floating in a stream.

According to statements, Msibi mixed brake fluid with beer and forced Gabisile to drink it. She was also forced to smoke dagga with Mkhize. After killing her, they severed her arms, and removed her heart, lungs, vagina, uterus, ovaries, all the abdominal organs and the bladder. The head, one arm and a part of the vagina were later found at the home of Msibi. Nkosikhona, who was thought to have been abducted by mistake, was found drowned in a river. Msibi planned use her body parts to create muti for Thubane and Mhlanga to make their business, a private college, thrive. Mkhize wanted Msibi to make him rich through the same muti. On 3 March, Msibi’s new legal representative, Musa Mavasa of Legal Aid, told the court about disagreements during consultation with Msibi in preparation for trial. A week ago, Msibi fired his lawyer, Verner Smit, citing disagreements. Smit was the second lawyer to be fired by Msibi. The Middelburg High Court threatened to continue the trial of Msibi, without legal representation, if he fails to retain his new, and third, lawyer.

This follows what the court said was a third delay tactic employed by Msibi in an attempt to evade being prosecuted. “This court has wasted enough time. I cannot allow you to keep changing lawyers more than you have done. This was the last time. You must remember that justice delayed is justice denied,” the judge said. The trial is set to begin from 4 October to 12 November 2021. “If this date comes, and you still have not decided who should represent you, the court will proceed with the trial,” said Brauckmann. The National Prosecuting Authority (NPA) said it would also not allow further delays. “As the NPA, we view this as delaying tactics. We will not allow further delays, because we want to bring this matter into finality,” said NPA spokesperson, Monica Nyuswa.

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