Wrangle over admissibility of confessions continues in massacre trial

The Lusikisiki massacre trialremains on hold as the Mthatha High Court, sitting in Lusikisiki, enters its third week of a trial-within-a-trial to determine whether severalconfessionswere obtained lawfully. The inquiry, which began on February 16, centres on claims by three of the six accused that they were subjected to police brutality and coercion before making statements. Six men — alleged mastermind Mzukisi Ndamase, 46, Aphiwe Ndende, 25, Siphosoxolo Myekethe, 45, Bongani “Rico” Hintsa, 32, Songezo Vuma, 21, and Mawethu Nomdlembu, 36 — face charges linked to the mass shooting at Ngobozana village near Lusikisiki on September 28 2024.

Eighteen people — 15 women, a 13-year-old boy and two men — were shot dead when gunmen attacked the neighbouring homesteads of sisters Mary Sinqina and Nancy Sinqina-Mhatu. A 19th murder charge relates to the killing of Mncedisi Sincane Gijana at his Lubhacweni home in KwaBhaca on August 19 2024. Four of the accused — Ndamase, Ndende, Hintsa and Vuma — are linked to that murder.

Myekethe is not charged in connection with Gijana’s death, while Nomdlembu faces only charges of unlawful possession of firearms and ammunition. Vuma, the youngest accused, has made confessions in respect of both incidents and has consented to their admission as evidence, stating they were made freely and voluntarily, without coercion or torture. Ndende and Hintsa also made confessions relating to both incidents but are now opposing their admission, alleging they were made under duress. Myekethe confessed only to involvement in the Lusikisiki massacre and conducted pointing-out procedures at the two homesteads that were attacked.