Sentencing delayed for Sindiso Magaqa's killer

The Herald

01-07-2025

The sentencing of a self-confessed killer of former ANCYL secretary-general Sindiso Magaqa was postponed at the Pietermaritzburg high court.
Sibusiso Ncengwa, who pleaded guilty to Magaqa's murder, was due to be sentenced on Monday but his case was postponed to next Monday.
The court heard mitigating and aggravating factors in relation to Ncengwa's sentencing.
Ncengwa's lawyer, advocate Andrew Matlamela, pleaded with the court to hand down a lenient sentence, saying his client didn't waste the court's time and pleaded guilty to all charges against him.
Prosecutor, advocate Elvis Gcweka told the court that Magaqa's family is still reeling from shock after the incident and battling to come to terms with their son's death.
Gcweka read out the Magaqa family's statement, which highlights that Magaqa was not only a leader in society but somebody's child, a brother, a father and a breadwinner.
He said that Magaqa's mother cries every time her son's case is reported in the media.
'His mother needs counselling and psychological assistance. Just think about a 71-year-old who is also a diabetic who needs medical treatment. Sindiso was the sole person who was supporting his family,' said Gcweka.
The court was packed with ANC members, who came to witness the proceedings, including ANCYL president Collen Malatji.
Ncengwa, who is already serving 95 years in prison for a string of armed robbery convictions, made a guilty plea in court earlier this month.
He and his three co-accused — Sbonelo Myeza, Mbulelo Mpofana and Mlungisi Ncalane — are charged with conspiracy to murder, murder, attempted murder, possession of unlicensed firearms and ammunition and malicious damage to property.
However, Ncalane has been declared unfit to stand trial after two psychiatric reports revealed he was mentally ill. He is now a patient at Napier Hospital in Pietermaritzburg.
The suspects were arrested in 2017 for the killing of Magaqa.
It is alleged Magaqa was killed because he had a dossier containing information of alleged corruption regarding the upgrade of a community hall in Mzimkhulu on the KwaZulu-Natal south coast.
It is also alleged that millions of rand were pumped into the accounts of appointed service providers but no upgrade was done on the hall.
The late ANC leader and mayor in Harry Gwala district Mluleki Ndobe and municipal manager Zwelibanzi Sikhosana were also arrested in connection with Magaqa's murder but charges against them were later withdrawn.
Ndobe committed suicide in 2020.
In his guilty plea, Ncengwa said: 'I confirm that I am the accused herein and that I know and understand the charges preferred against me, which are appearing on the indictment. My legal representative has explained to me the consequences of making this statement and I fully understand it.'
Ncengwa said he freely, voluntarily and without being influenced pleaded guilty to the charges against him, adding that he made admissions to the charges 'in sound and sober senses'.
Ncengwa said Magaqa was shot with an AK47 rifle by his late co-accused, Jabulani Mdunge. Mdunge died in a shoot-out with police during a foiled cash-in-transit heist in September 2017.
Ncengwa said he received information from Mpofana, the facilitator who also recruited hitmen, that Ndobe and Sikhosana wanted Magaqa to be killed. During the attack, Ncengwa fired shots in the air to intimidate people who were at the car wash where Magaqa was attacked.
After Magaqa was allegedly shot by Mdunge, Ncengwa said Mpofana called Sikhosana informing him that the job was done, he said in his guilty plea.
Ncengwa said they were paid R120,000 in cash for the murder.
Ncengwa said in his guilty plea that Sikhosana came with the money.
'We split the money and we all received R20,000 as there were six people who were supposed to be paid,' Ncengwa said.
He said there was also a further R500,000, which was allegedly paid by Sikhosana, which was used for the ongoing legal costs. Ncengwa added that they were also promised a R1m tender for the hit on Magaqa.
The trial of the other accused will take place in October.
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