Times Of Swaziland: ‘TATA’, ‘NCAZA’: LAWYER WAS SENT BY SIPHO ALLY

‘TATA’, ‘NCAZA’: LAWYER WAS SENT BY SIPHO ALLY
================================================================================
 BY MBONGISENI NDZIMANDZE on 22/01/2020 02:50:00


MBABANE- Spilling the beans!  Siphiwe Tata Ngubane and Mbuso Ncaza Nkosi have
since come out to claim that the female South African advocate who offered to
represent them had been sent by a close ally to Sipho Shongwe.
Ngubane and Nkosi are accomplice witnesses in the murder trial of Sipho Shongwe
who stands accused of having a hand in the death of astute businessman and
football administrator Victor Gamedze.
According to Siphiwe Tata Ngubane and Ncaza Nkosi, the female advocate,
Nthabiseng Mohomane, had been instructed by Themba Shandu without their
permission and knowledge.
“Themba Shandu is a close ally to Shongwe and co- accused in one of the matter
which Shongwe is accused of in the Republic of South Africa,” submitted the
witnesses through their legal representative. Shandu is one of the people who
were arrested with Shongwe and five others in connection with the R17.4 million
Bronkorspruit heist in the Republic of South Africa, an offence they were all
convicted of.
The duo of Nkosi and Ngubane has deposed to affidavits where they denied to have
instructed Advocate Mohomane.
Pay
“Mr Themba Shandu went as far as informing us that he will pay for the legal
fees of Advocate Mohomane, which would be R10 000 for her to come to consult
with us in prison and R15 000 for her to represent us in the extradition,”
submitted the duo through their legal representative.
Advocate Mohomane is alleged to have attempted to coerce the duo to sign
affidavits disputing that they agreed to testify against Shongwe. She recently
deposed to an affidavit wherein she claimed that the two witnesses were
demanding E2 million for their testimony as either State or defence witnesses.
The two witnesses disputed to have ever demanded payment to testify.  They
informed the court that Advocate Mohomane came with affidavits she had drafted
without their knowledge and they refused to sign them.
In the affidavits they were called upon to attest that they never consented to
testify in the Gamedze murder case or being State witnesses.
Part of the affidavits which the duo reportedly refused to sign, reads: “I am
an alleged suspect in the murder of Victor Gamedze that occurred in Swaziland
sometime in 2018. The affidavit dated September 19, 2018 that was allegedly
written by me is untrue and I never deposed to same. I did not enter into any
plea with the State of Swaziland; neither did I agree to become I State
witness.”
“Advocate Mohomane was the one who offered us a reward in the event we refrain
from testifying,” submitted the duo.
They informed the court that in fact on arrival at the prison during the
consultation she asked; “How much do you want?”
Their new legal representative Makau Sekgatja also deposed to an affidavit where
he maintained that his clients’ (Nkosi and Ncaza) were willing to testify.
He submitted that the two witnesses expressed their unwavering desire to testify
in the matter during a consultation with them on January 8, 2020.
“The clients are perplexed why Advocate Mohomane would not have withdrawn,
even if she had been instructed which she was not, as legal representative in
the matter despite such startling allegations,” submitted Sekgatja.
These are allegations whose veracity is still to be tested in court.
Sekgatja also told the court that he had been instructed by his clients that
they never instructed Mohomane to demand money on their behalf.
Sekgatja averred that in fact the demand would have been unethical and would
have forced Advocate Mohomane to terminate her mandate. According to Sekgatja
there would had been a conflict of interest.
Payment
“Clients state that Advocate Mohomane asked them how much payment they need to
withdraw from testifying.  They informed her that they did not want any money
from her or from anybody,” contended the duo’s attorney.
Last year Advocate Mohomane filed an affidavit where she stated: “I have never
met Sipho Shongwe and have never acted on his instructions or anybody else on
his behalf.” Shongwe on the other hand also denied knowing Advocate Mohomane.
Nkosi and Ngubane filed confirmatory affidavits where they confirmed the
contents of Sekgatja’s affidavit in so far as they related to them. The
confirmatory affidavits are dated January 10, 2020.
The new twist in the matter emanates from an application filed by Shongwe where
he is seeking an order to stay the delivering of a judgment where the Crown is
seeking an order to lead Ngubane and Nkosi through Audio Visual Link (AVL).
Shongwe’s defence team consists of Advocate Laurence Hordes who has been
instructed by Lucky Howe and Ben J Simelane.
Advocate Michael Hellens who has been instructed by the Director of Public
Prosecutions (DPP) appears for the Crown. He is appearing together with
Principal Crown Counsels Macebo Nxumalo and Absalom Makhanya.