Sindiso Magaqa Murder: State Pushes For Defence Lawyer’s Recusal Over Conflict Of Interest

The State in the high-profile murder case of former African National Congress Youth League (ANCYL) secretary general, Sindiso Magaqa, has called for the removal of one of the defence lawyers, citing a conflict of interest.

The issue arose after it emerged that Advocate Shane Matthews, who now represents accused number two, Mbulelo Mpofana, had previously acted for Sibusiso Ncengwa — one of the men who has since pleaded guilty and is now a key state witness.

The matter was heard in the Pietermaritzburg High Court on Monday.

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In July, Ncengwa admitted to taking part in the 2017 shooting that killed Magaqa and injured councillors Nontsikelelo Mafa and Jabulile Msiya.

He was sentenced to 25 years in prison after pleading guilty to the charges. Now, Ncengwa is set to testify for the State in the ongoing trial against the remaining accused.

“In view of the fact that you were once represented by Ncengwa in this matter, you’ve taken instructions, you’ve proceeded, and we’ve called witnesses in this matter. Ncengwa now is going to be a state witness after he has made 220 admissions,” said State Prosecutor Advocate Lawrence Gcaba.

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Advocate Gcaba urged Matthews to consider stepping down to prevent complications during trial proceedings.

“Therefore, please can we call the matter closer in court so as to allow you to withdraw as attorney or counsel on record and have somebody appointed for Mr Myeza for today,” Gcaba stated.

The case has been postponed to 6 November, giving the State time to file a formal application for Matthews’ withdrawal from the matter.

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