Investigating officer alleges accused acted with another in fatal shooting of Lazola Gungxe
Sandiso Phaliso
During his bail application before the Athlone Magistrates’ Court on 10 April, the man accussed of helping to murder Ward 35 councillor Lazola Gungxe denied having anything to do with the crime.
Accused Asiphe Sesanti appeared before magistrate Keith le Kleur and requested the court to release him on bail.
Sesantiy’s application was opposed by investigating officer Sidwell Ngaga, who testified Sesanti acted together with another man to shoot Gungxe after he attended a community meeting in Crossroads on 3 February.
Gungxe served as an ANC proportional representation councillor in the City of Cape Town and was linked to Subcouncil 13, which includes areas such as Nyanga, Gugulethu, Philippi and Crossroads.
He also served in an ex officio capacity on the Ward 4 committee and was a regular participant in its meetings, representing a constituency spanning Joe Slovo Park, Milnerton, Montague Gardens, Royal Ascot, Summer Greens, Sunset Beach, Phoenix and Century City.
According to Ngaga, the South African Police Service would be adding two additional charges to Sesanti charge sheet in due course.
Friends and family – including Gungxe’s widow – attended the court proceedings on Friday, and delivered a petition signed by 800 people opposing bail.
Sesanti argued the interest of justice permits him to be released on bail because he does not know the state witnesses or where they live.
“Should they be told to me who they are, I won’t interfere with them,” he said, adding he has no intention to evade the trial.
“I will comply with any bail conditions set out by this court,” he told le Kleur.
“I have been informed by legal representative that it could take up to two years before the state finalises this case, thus asking for bail. I will attend this matter in order to clear my name. There is no evidence that I am a flight risk.”
He said on the day Gungxe was killed he was at the Promenade in Mitchells Plain with friends to get food, and they later all went to Khayelitsha.
He said there were cameras at the mall that could show he was there, and he had witnesses willing to testify what he said was true.
Ngaga said when police arrived at the scene of the murder outside the Crossroads community hall, there were lots of people present. He said according to witnesses, after the meeting Gungxe had stayed behind with about four other people .
“While they were there, two guys arrived at the scene. One of the guys asked him who has a right to get a tender … the councilor (Gungxe) responded that he has no authority in giving out tenders.”
He said the man who had not spoken took out a firearm and shot Gungxe, after which his companion also took out a firearm and fired a shot.
He said they then got in a car and drove away.
“Witnesses who were at the scene said they could point out the people who had shot the deceased,” said Ngaga.
Sesanti was subsequently pointed out by witnesses in a photo identity parade, and arrested in court while attending a separate case in which he faces charges.
Ngaga said he was aware of Sesantiy’ alibis and had followed them up, but CCTV footage was not available.
He said at the time, Sesanti was out on bail related to other court cases.
Ngaga said his investigation will be finalised in the next four months. “What delays me is post mortem and firearm ballistics.”
He said the firearms used to shoot Gungxe had not been recovered, and cccording to paramedics, Gungxe was shot in the face and in the chest. He said the safety of the witnesses would be compromised if Sesanti was granted bail.
Sesanti’s lawyer said Ngaga had not evidence his client would interfere with witnesses.
Le Kleur postponed the case until 23 April for arguments related to the bail application.