Witness testifies about firearm allegedly linked to 'hit' on Durban businessman - IOL

A STATE witness testified he was allegedly given a firearm by an accused that was used in several murders, including a “hit” on Overport businessman Zeyn Moideen. 

Sbonelo “Madanon” Wiseman Shangase, 32, of Inanda and  Thalente Mkhize, 36, of KwaMashu, were arrested and charged with several counts of murder, attempted murder, robbery with aggravating circumstances and kidnapping, stemming from separate incidents.

The incidents have been merged into one and their trial is currently underway in the Durban High Court. 

Shangase is also charged with unlawful possession of a prohibited firearm and ammunition. 

Among the deceased was Moideen, who was gunned down on April 30, 2022. 

According to the indictment’s summary of substantial facts, the State represented by senior advocate Krishen Shah, alleged that at some stage prior to the incident, the accused and other persons, referred to as the assailants, conspired to kill Moideen.

On the day of the incident, Moideen was at a sports field along Brickfield Road in Overport, where his minor son was participating in a soccer tournament. 

The State alleged that the assailants arrived at the area in a white VW Polo and “lay in wait” for Moideen. 

“The deceased (Moideen) exited the sports ground and walked to his car in the company of his minor child and partner. The assailants attacked him and shot at him repeatedly. The assailants thereafter fled the scene,” read the court papers. 

Moideen was thereafter rushed to a local hospital where he succumbed to his injuries. 

A subsequent post-mortem examination established the cause of death as “multiple gunshot wounds”.  

They are also accused of killing Shaheed Moodel along Gladys Manzi Road in Berea on April 14, 2022.  

The State alleged that the assailants, armed with firearms and travelling in a white vehicle, drove up alongside Moodel’s vehicle and shot at him repeatedly. They thereafter fled the scene. 

Moodel, who was struck and injured, managed to drive for a short distance before crashing into a wall and succumbing to his injuries. 

A post-mortem examination established his cause of death as “multiple gunshot wounds to the head”. 

The State alleged that both murders were premeditated or preplanned, and/or were committed in the furtherance of a conspiracy or common purpose. 

On Tuesday, a State witness, whose identity is being withheld, testified that he met Shangase through a mutual friend in 2021 and Mkhize in early 2022. 

Shah questioned the witness if he knew anything about a person who previously testified that had been arrested for possession of a firearm. 

The witness responded that the person was his friend and that he had given the firearm to him.  

When asked who gave him the firearm, the witness said Shangase. 

When further probed about the circumstances under which he got the firearm, the witness testified that he had “problems and enemies”. 

“I requested it. That is how I got it.” 

Shah further questioned why he had given it to his friend, to which the witness responded that he was scared the police would find it on him. 

The witness said there was an incident involving “them” and the police. 

“There was a shooting and I was afraid they would finally find me.”

He testified that he together with both the accused and another person were involved in a shootout with police in Cato Manor in May 2022. 

“The police passed by, then came back. They stopped us. The police alighted from the car and pointed firearms at us, asking us to lift up our hands. We lifted up our hands and then I heard a gunshot.” 

When asked what they were doing in Cato Manor, the witness testified that they had received information that there was money coming out of a tavern on that day. 

The witness further testified that he was given the firearm about two to three weeks before the incident in Cato Manor. 

When asked if he knew of the shootings and people killed on April 14 and 30, the witness responded he knew nothing about it. 

 During cross-examination, Shangase’s legal representative put it to the witness that his client denied giving him a firearm or being involved in the shootout with police in Cator Manor. 

However, he said that Shangase had given the firearm to him and was present during the shootout.

Shangase’s legal representative further told the witness that he fabricated “this story” to get out of his own criminal charges - related to the shootout with police. 

The witness told the court that the attempted murder charges, however, had been withdrawn against himself, both accused, and the other person due to lack of evidence in 2024.