Court rejects State's attempt to admit warning statement in gang murder trial
Image: Rafieka Williams / Cape Argus / File
In the notorious gang murder trial against the Terrible Josters' alleged gang leader, Elton Lenting, and his 19 co-accused, the State was dealt a blow in the Western Cape High Court when its application to have a statement admitted as evidence was denied.
A warning statement, which the State sought to have admitted as evidence, by a now-deceased co-accused, was deemed inadmissible by the high court this week.
The statement implicates two of the co-accused. However, Judge James Lekhuleni dismissed the State's application for the admission of the warning statement of deceased Delano Saptoe against accused 3 and 14.
Lenting and his co-accused face a plethora of criminal charges, including murder, attempted murder, possession of illegal firearms and ammunition.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
The application was brought by the State in terms of Section 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988 (the Hearsay Act).
Saptoe was never an accused person in the ongoing trial against Lenting and others. 'Ostensibly, he could have been charged with the other accused before this court, but he was not charged due to his untimely demise before the 20 accused were charged and transferred to this court for trial,' said Judge Lekhuleni.
Judge Lekhuleni said the State's application raised a novel question.
'The pertinent question is whether a warning statement of an accused person who passed away before he could be charged, together with the 20 accused in the present matter.'
The warning statement submitted by the deceased dealt with issues relating to a shooting incident.
'In the disputed statement, the deceased (Delano Saptoe) implicated accused 3 and 14. Saptoe stated that on a date and time he could not remember, he was with Lorenzo Coetzee, also known as 'Draad' (accused 3), and Wandisile, also known as 'The One' (accused 14), and they went through a footpath that leads to another street. He then remained seated on the poles on the footpath and accused 3 and 14 proceeded further,' the court record read.
Further in the disputed document, Saptoe stated that he did not know that accused 3 and 14 had a firearm in their possession.
'According to him, accused 3 and 14 went down the footpath… After that, he heard several gunshots going off. When he observed, he saw accused 14 holding a black firearm in his hand, which had a brown handle. Thereafter, accused 3 and 14 came back running, passed him, and told him to run away as the people they were shooting at would come and shoot him. The witness stated that he also ran away. After that, they separated, and that was the last time he saw accused 3 and 14. Saptoe asserted further that he did not shoot anyone, but it was accused 3 and 14 who were shooting,' the judgment read.
Judge Lekhuleni further said: 'Furthermore, the fact that the deceased did not appear with the 20 accused in this matter is inconsequential. This court accepted several statements of State witnesses in terms of Section 3(1)(c) of the Hearsay Act who were deceased and could not testify in this matter.
'The status of those witnesses whose statements were admitted did not change because they did not testify and are now deceased. They are considered as witnesses even though they are deceased and did not testify. Their status is considered and determined by their position at the time of making a witness statement.
'Saptoe's status as a co-accused of accused 3 and 14 should accordingly be determined at the time he made the statement.
'The warning statement was clearly made by an accused person or suspect who, in this instance, appeared as a co-accused with accused 3 and 14 in the lower court. Consequently, based on the legal principles discussed above, the impugned statement of Delano Saptoe is inadmissible against accused 3 and 14.'
Chevon.booysen@inl.co.za
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
16 hours ago
- IOL News
Twins denied bail in Durban court for the murder of Prasa manager Jacob Khoaele
The Durban Magistrate's Court has refused bail for twins accused of killing a Prasa boss. Image: File Twin brothers, who are accused of killing Jacob Khoaele, the regional manager of Passenger Rail Agency of South Africa (Prasa), over a tender, had their bail application denied by the Durban Magistrate's Court on Friday afternoon. The court found that the twins failed to provide exceptional circumstances warranting their release. Khoaele was shot dead on January 22, 2025, at La Lucia, while returning from his grandchild's school meeting. Vukani Mchunu, Vukile Mchunu, Sandile Sakhile Ngcobo, and Mthandeni Cele are charged with his murder. On Friday, the twins, Vukani and Vukile, applied for bail while Ngcobo and Cele decided to abandon it. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading In their application, the twins from Ngonyameni in Mlazi said they are 35 years old and co-own a company, Masoloma Trading. Their lawyer, Musawenkosi Mkhize, said the twins are married, with Vukani having six children and Vukile having five. He said they also co-own a property worth R700,000 and cars, which include a Ford Ranger bakkie and a Mercedes-Benz. They both stated that they are breadwinners who earn approximately R35,000 a month. He said their employees were not paid their salaries due to their incarceration, and that is why they should get bail. Mkhize said it was an exceptional circumstance that his clients were running a company. Additionally, he said his clients were traditional healers who also ran a church. Mkhize said his clients should get bail because the State has a weak case against them. 'How are the two applicants linked? The incident occurred around January this year. The number of months has lapsed, arrests were only made in July,' he said. Mkhize said, judging by what the investigating officer is saying in his affidavit, the State relied on one witness, Shange. As he was arguing, Magistrate Siyanda Mlaba asked Mkhize to tell him about the exceptional circumstances of his clients. Senior State prosecutor, Calvin Govender, said it is the onus of the applicants to prove that they have exceptional circumstances, and they have failed to do so. He reminded the court that this was a bail application and that all evidence would be led during the trial. Govender said the police wanted to get their ducks in a row before making an arrest. 'That is why there was a delay,' he explained. He submitted that the State is of the view that there would be interference with the witnesses should the twins get bail. He said the previous manager from Prasa had to resign because of the twins, who wanted to be paid for work that Prasa was not satisfied with. He said Khoale paid with his life because he also refused to pay the twins for work that Prasa was not satisfied with. 'Everyone at Prasa is afraid of the applicants due to the known fact that they threatened their colleague and killed the other,' Govender added. Delivering his ruling, Magistrate Mlaba reminded that the bail was under Schedule 6 of the Criminal Procedure Act. He said the accused were facing serious allegations, and further emphasised that this was not a trial but a bail application. Mlaba criticised Mkhize, saying that he said a lot of things but failed to tell the court why his clients should get bail. 'I remember asking him to hit the nail in the hand. I even asked him the definition of exceptional circumstances. But the attorney was not giving what I was expecting. I ended up just keeping quiet,' he said. He said the worst part was that there was no alternative address for the twins should they receive bail. He said the defence failed to tell the court those exceptional circumstances. The matter has been postponed to September 29 for further investigation.
IOL News
17 hours ago
- IOL News
Key decision looms for police inquiry on evidence leader
Ad Hoc Committee into serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi will decide on Monday whether to use external legal counsel or parliamentary legal services as evidence leader. Image: Armand Hough / Independent Newspapers The Ad Hoc Committee set up to inquire into serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi will decide on Monday who between the parliamentary legal services or an external legal counsel should be the evidence leader. This emerged when the committee received inputs from political parties and MPs when the terms of reference were considered on Thursday. The draft terms of reference propose that the committee utilise the services of an external legal counsel in an advisory capacity to assist it carry out its work where necessary, including presenting the evidence of a witness to the committee. However, the ANC said the committee should use the services of legal counsel within the parliamentary legal services. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ ANC MP Khusela Sangoni-Diko said they should not seek to utilise resources unnecessarily when those services were available in-house. 'Our understanding is that Parliament has counsel, even senior counsel within its own members. We must use the services of legal counsel rather than external services,' Sangoni-Diko said. MK Party MP David Skosana said external legal counsel should not displace the MPs from their oversight duty. 'We propose that external legal counsel may propose a line of questioning, but members must retain control and the scope of inquiry,' he said. This was contrary to the proposal that the format of questioning of witnesses be determined by the external legal counsel in consultation with chairperson of the committee, Soviet Lekganyane. Skosana said the appointment of a vetted external legal counsel should be transparent and that they should be told about the costs of their services. 'We hope there are no people lined up already, like we have seen in State Capture corruption. We have seen that and we can back it up,' he said. ActionSA MP Dereleen James was unsure if the parliamentary legal services have the requisite exposure to the responsibilities of an evidence leader. James said an evidence leader should have demonstrable exposure in criminal law and prosecutorial experience to guide the evidential process, or a legal counsel with proven handling of complex and interconnected evidence, as demonstrated in the Zondo Commission of Inquiry. While the draft terms of reference propose that witnesses be allowed to have legal assistance at their own cost, the Red Berets want them to have legal access with the assistance of the Legal Aid Board. 'In the interest of making justice accessible to everybody, they should be able to access Legal Aid if they want to have legal representation,' EFF MP Leigh-Ann Mathys said. In its submission, the DA provided a new section in the terms of reference to deal with the confidentiality and protection of whistle-blowers. The party said all individuals providing evidence should be afforded appropriate protection from retaliation or threats. 'Whistle-blowers and other sources that come forward with sensitive information are protected under the law, possibly with the assistance of witness protection.' IFP MP Albert Mncwango said: 'We need to pay particular attention to the security and safety of our witnesses.' Regarding the venues for meetings of the committee, it is proposed that they be held in Parliament or any other suitable venue. It is also proposed that hybrid or virtual meetings be held to accommodate those MPs unable to travel to Cape Town. Skosana said they should have secure platform with identity verification and secure channels for sensitive evidence, in addition to avoid cost if it held meetings outside Parliament. 'We should avoid what the State Capture Commission has done at all costs,' he said. DA MP Diane Barnard Kohler said their meetings should be in Parliament since MPs were provided with accommodation and transport. 'I would vehement object to this being moved elsewhere,' she said.
IOL News
21 hours ago
- IOL News
Govender brothers face trial for murder at Durban High Court
Murder accused Govender brothers, Ferrel and Darren. Image: Nomonde Zondi The murder accused Govender brothers, Darren and Ferrel, who are owners of a security company, Pro-Secure, will be going for their pre-trial conference at the Durban High Court later this year. This is after they made a brief appearance in the Durban Magistrates Court on Friday morning, where they were served with their indictments. The brothers were arrested in January 2025 for the murder of Durban businessman Shailen Singh. Singh was shot dead at Umhlanga Ridge on December 29, 2024. The cause of his death was multiple gunshot wounds to the head and torso. The State is alleging that the murder was pre-planned by the brothers, with Ferrel identified as the shooter. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ In the High Court, Darren, 36, is the first accused, and his older brother, Ferrel, 41, is the second accused. Ferrel is also facing 14 charges: murder, two counts of assault, two counts of assault with intent to cause grievous bodily harm, five counts of crimen injuria, a data message that threatens violence, attempted murder, and two counts of unlawful possession of a firearm. According to the State, Ferrel was previously divorced, and at some stage in 2024, he got into a relationship with Varushka Maharaj. 'Maharaj was previously romantically involved with Byron Moodley,' the State said. On May 18, 2024, Ferrel called Moodley, swore at him, and threatened him with violence. Moodley ended the call, and when he later called Ferrel, he threatened his life. In June, while Moodley was at Cubana, he was confronted by Ferrel and a companion. They both assaulted Moodley by shoving and kicking him. On July 4, Moodley applied for a protection order against Ferrel; however, attempts to serve him with it were unsuccessful. 'On July 5, Ferrel communicated with Moodley via a messaging service and again threatened Moodley's life and swore at him. This continued on July 6 and 7,' the State alleges. Moreover, the State alleges that Ferrel was romantically involved with Salona Ramrutton/Kisten. Ramrutton/ Kisten was residing in one of Ferrel's houses at Kindlewood Estate, where Singh also resided. At some stage, Ferrel became aware that Ramrutton/Kisten had been involved in a sexual relationship with Singh. 'This resulted in a strain in their relationship, which resulted in verbal and physical abuse of her,' the State said. On December 21, 2024, the State alleges that Ferrel assaulted her, and she sought medical treatment. The following day, Ferrel requested Ramrutton/Kisten to visit him, and she obliged. He assaulted her, armed himself with an unlicensed firearm, and fired shots at her. 'Although she was not struck by the bullets, she was thereafter admitted into the hospital with serious injuries,' the State alleges. Additionally, the State alleges that Ferrel, who was enraged with Singh having an affair with Ramrutton/Kisten, conspired with Darren to kill him. The brothers will appear at the High Court on November 13.
