Accused in Tsengwa shooting to be moved back to local prison

KNYSNA NEWS - The Knysna Magistrate's Court has ordered the immediate return of two men allegedly accused of conspiring to murder former Knysna mayor Aubrey Tsengwa after it emerged that they had been transferred to separate correctional facilities outside the town, despite an earlier court order directing that they be detained locally.

Vusumzi Gungu (46) and Thobelani Lakhe (39) appeared in court on Monday 26 October, when defence attorney Daan Dercksen, representing Gungu, raised concerns about their transfers.

Dercksen told the court that the head of correctional services had informed him on 16 October that the accused had been separated and transferred to Uniondale (Lakhe) and Helderstroom (Gungu).

He said no reasons had been provided for these transfers and that he had not been informed who had authorised them.

The State had previously raised concerns about the accused's alleged connections with correctional officers, and requested that they be detained elsewhere.

However, on 24 August, the court ordered that both men remain incarcerated at the Knysna correctional facility. Presiding magistrate Mark Nichols said the transfers indicated that the court order had been disregarded and directed that both accused be returned to Knysna with immediate effect.

Nichols further ordered the correctional official responsible for the transfers to explain their decision through an affidavit or testimony in court.

Investigation continues
State prosecutor Brandon Smith told the court that the State required a further four to six weeks to conclude its investigation. A ballistics report and cellphone records and data remain outstanding. The case was postponed to 10 December for further investigation.

Dercksen indicated that the defence did not intend to bring a bail application at this stage; however, it intends to bring a formal bail application during the next court appearance.

He cited substantial work to be done in the meantime, including detailed consultations with both the accused.

Nichols reiterated that both men are presumed innocent until proven guilty and emphasised their right to access their legal representatives. Tsengwa was shot dead in Joodsekamp on 19 August.

Both accused also appeared in separate cases arising after their arrests. Those matters were postponed to 10 December for screening by the regional court control prosecutor.

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