The man accused of murdering De Necker van Schalkwyk on Rotary Way in October, will remain behind bars after his bail application was denied.
The facts surrounding Van Schalkwyk’s murder that were revealed during the accused’s bail application, said magistrate Marvin de Vos, reminds of a Quentin Tarantino movie.
He started off the judgment in the bail application with the following quote from The Merchant of Venice by Shakespeare: “ . . . Truth will come to light; murder cannot be hid long . . .”
De Vos went on to say evidence presented by the state as well as testimony contained in Sandile Lumatha’s confession that was made shortly after his arrest, infers “murder for hire”. He added he believed the state has a prima facie case against the accused.
The magistrate highlighted that Lumatha faces a Schedule 6 charge – premeditated murder – which carries a minimum sentence of life imprisonment. He also emphasised thatwith a Schedule 6 bail application the onus is on the accused to prove exceptional circumstances for him to be released on bail – something, he said he believes, the bail applicant failed to prove.
Contradictions
Lumatha is accused of murdering Van Schalkwyk whose body, with one gunshot wound to the back of his head, was discovered on Rotary Way in the early hours of Wednesday 11 October, a short distance from where his bakkie was found the previous day when police searched the area after he was reported missing.
Lumatha was arrested late on Tuesday 10 October after a member of the public informed the police she had seen the accused with a large amount of cash and a firearm, and heard him say he had used the firearm to kill a man on Rotary Way.
He admitted in court he had made a confession stating Van Schalkwyk had requested him to shoot him in exchange for R12 000, his watch and cellphone.
The magistrate, De Vos, stated the contents of the confession “translates to a contract killing.”
During his bail application, however, Lumatha shocked the court when he said he wanted to speak about “what really happened” and detailed a completely different and conflicting version of events. He told the court he and Van Schalkwyk had picked another man, who took Van Schalkwyk’s firearm, up and used it to threaten him to drive to Rotary Way, where he robbed and killed him.
Lumatha claimed the person who shot Van Schalkwyk gave him the deceased’s cellphone and cash, and threatened him to keep quiet about what had happened.
He told the court the “robber” and one other suspect were arrested later the same day for possession of an unlicensed firearm and ammunition, after he had pointed them out to the police. In his confession Lumatha claimed he had been robbed by the two men.
Michael Kwaki (36) and Siyabonga Ntonga (37) were each granted bail of R500 and their case was postponed to 29 November.
It is, however, not clear whether Lumatha was referring to Kwaki or Ntonga during his testimony.
Lumatha also claimed that this person instructed him what to say in his confession and that he had made the confession in a state of fear for this person and the police who allegedly assaulted him at the time of his arrest.
De Vos also pointed out the “total contrast” regarding Lumatha’s confession and his testimony in court, and said he believed the “matter is fraught with investigatory impediments.”
The case against Lumatha was postponed until 15 January for further investigation.
