What is the truth behind De Necker van Schalkwyk’s murder on Rotary Way at the start of October?
This is the question after Sandile Lumatha (40), who is charged with the murder, first claimed in his confession that Van Schalkwyk ordered Lumatha to shoot him, but now alleges that both he and Van Schalkwyk were the victims of an armed robber.
Lumatha shocked the court when he indicated on the first day of his bail application that he wanted “to speak the truth about what happened”. During his testimony he claimed that he had worked for Van Schalkwyk for approximately two weeks when they picked up another man on 10 October to assist them.
This man, said Lumatha, took Van Schalkwyk’s firearm and ordered him to drive up Rotary Way, where he then allegedly robbed and shot him. According to Lumatha this man gave him money and Van Schalkwyk’s cellphone and threatened him to keep quiet about the incident.
He alleged he was assaulted by the police, who arrested him later that day, even though he led them to the two accused who were found in possession of the 9 mm pistol and its magazine.
It was reported Michael Kwaki (36) and Siyabonga Ntonga (37) had robbed Lumatha of the items stolen from Van Schwalkyk. They were charged with illegal possession of a firearm, possession of ammunition and possession of stolen property. They were granted bail of R500 each and their next court appearance will be on 29 November.
In his bail application, however, Lumatha stated one of the men had shot and killed Van Schalkwyk. It was unclear whether Lumatha was referring to Kwaki or Ntonga. He further claimed if the authorities were to search the suspect’s cell they would find Van Schalkwyk’s watch still in his possession.
Contradictory statements
State prosecutor Kelsey Fortuin pointed out during cross examination that Lumatha’s testimony differed completely from the confession he made shortly after his arrest.
To this he responded he had made the confession in fear of the “real killer”, who allegedly told him what to say in the confession and threatened to harm him if he failed to do so.
Warrant Officer Leon van Wyk, the investigating officer, told the court Lumatha’s version of events was improbable as CCTV footage shows only the deceased and the accused in the vehicle.
Lumatha’s claims that he had been employed by Van Schalkwyk for approximately two weeks before the murder, said Van Wyk, is refuted by a witness who said in his statement Lumatha had first approached him for work before Van Schalkwyk picked him up. The detective testified Lumatha was arrested after an informer told the police she had seen the accused with a lot of money and a firearm. He allegedly informed her it was the gun that had been used in the murder on Rotary Way.
At the time of his arrest, said Van Wyk, the accused reportedly admitted that he had shot Van Schalkwyk, but no longer had the firearm in his possession because two men had stolen it. He added the accused told police the magazine had fallen out during their struggle. “That’s why the firearm was found in one suspect’s possession and the magazine in the other’s possession,” he explained.
Far-reaching investigation
The investigating officer also testified that police were awaiting the results of tests conducted on blood they had reportedly found on the accused’s sleeve.
The information contained in Lumatha’s confession, said Van Wyk, could have been provided only by someone who had been on the scene at the time of the murder.
Van Wyk opposed Lumatha’s bail application stating the accused was seen as a flight risk, as one of his long list of previous convictions is for escaping from custody. Lumatha also has a pending case of burglary, for which a warrant for his arrest was issued after he had failed to appear in court. Van Wyk informed the court the case involving an estimated R128 million would be greatly affected if the accused should disappear. This relates to a number of people who reportedly invested large amounts of money with Van Schalkwyk.
The Zoutpansberger, a newspaper based in Makhado (Louis Trichardt), where Van Schalkwyk moved from months ago, reported he was suspected of being the mastermind behind a Ponzi scheme.
Read the Zoutpansberger’s report.
The court also heard the deceased had taken out life cover of approximately R98 million, only R2 million of which can be paid out as policies exclude suicide and assisted suicide. Lumatha’s bail application is set to continue on Wednesday 15 November.