Durban — The Verulam Magistrate’s Court has found four of five men guilty of killing a Tongaat teen whose remains were stuffed into a bag that was filled with bricks and tossed into a river.
On Thursday, Magistrate Sanele Hlatshwayo found that the four actively participated in the assault of Nkosibomvu Secondary Grade 12 pupil, Andile “Bobo” Mbuthu, 16, who was murdered in 2020 during Covid-19 lockdown accused of stealing alcohol from a local tavern by his killers.
Mbuthu was assaulted with a golf stick, a hockey stick, a plank, a sjambok and a chain. His body was burnt inside a drum and then the charred remains were dismantled using a pick before the remains were put into two bags that were stuffed with bricks before being tossed into a river.
Seven men were initially arrested for his murder, including a minor. However, one of them Mlungisi Thabethe, 26, who was the owner of the Magagula’s Lounge from which Mbuthu had allegedly stolen alcohol, was gunned down while in his VW Polo in 2021.
Only five of the arrested men stood trial as the minor had become a State Section 204 witness.
Hlatshwayo found that the State had discharged the onus of proving that Andile Nhleko, 27, Mncedisi Mzobe, 27, Lindani Ndlovu, 26, and Malusi Mthembu, 27 acted in common purpose in kidnapping Mbuthu as well the “despicable act of dismembering his charred remains”.
A video of the aftermath of Mbuthu’s torture and assault went viral on social media at the time of his murder causing an uproar in the community. The tavern where Mbuthu was alleged to have stolen from was set alight.
He had been missing for a week before his remains were found in the Tongaat River. DNA samples taken from the human remains found matched Mbuthu’s DNA.
The minor’s evidence during the trial was that Mbuthu’s body was carried into a van. The accused then all went to Thabethe’s house where they had a braai celebrating Thabethe’s birthday, while Mbuthu’s body was in the van.
The accused then travelled to Bhamshela, the home of Thabethe’s parents, where the body was put into a drum and petrol was used to burn it.
Hlatshwayo acquitted Siyanda Msweli, 26, on both the murder and kidnapping charges.
“The deceased’s actual body was never found. There was no post-mortem report other than DNA analysis of his remains.
“The court is satisfied that the State proved that the deceased burnt Bhamshela and that the accused acted in common purpose to deprive the deceased of freedom of movement he was kept in the VIP room at Magagula Lounge and could not leave fearing further assault. The accused on various occasions would take breaks before continuing with the assault,” he said.
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