Discrepancies between the initial statement made by Sandile Lumatha, who stands accused of De Necker van Schalkwyk’s murder on Rotary Way last year, and his testimony during his bail application could prove crucial in the state’s case against him.
This became apparent during his appearance in the Hermanus Regional Court last week, when prosecutor Harold Engelbrecht requested that copies of the transcripts of the bail application be made available to the state and defence counsel, as it was of “cardinal importance”.
This was further emphasised by Lumatha’s Legal Aid lawyer, who stated it had come to light there was certain information contained in the bail application the state intended to use in the trial. “It is therefore important to get hold of a copy for consulting with my client before the trial proceeds,” she added.
The case was postponed to 8 October for the transcripts of the bail application proceedings to be acquired and handed to both the state and defence.
Lumatha was arrested on 10 October 2023, after a member of the public had informed the police she had seen him with lots of money and waving a gun around which he allegedly claimed had been used in a murder.
At that stage only Van Schalkwyk’s bakkie had been found during a search by the police after he was reported missing. His body was discovered only the next morning with one gunshot wound to the head.
But the firearm used was not found in Lumatha’s possession. He reportedly told the police he had been robbed by two men, Michael Kwaki (36) and Siyabonga Ntonga (37), who were found in possession of the 9 mm pistol and magazine. They too were arrested and charged with illegal possession of a firearm and ammunition, and possession of stolen property. They were granted bail of R500 each.
Lumatha admitted during his bail application he had made a confession stating Van Schalkwyk had instructed him to shoot him in exchange for R12 000, a watch and cellphone. On his first day on the stand during the bail proceedings Lumatha stated he wanted “to speak the truth about what happened.” He claimed he had been working for Van Schalkwyk for two weeks and both had been the victims of a man they had picked up to assist with work.
This man, said Lumatha, grabbed Van Schalkwyk’s firearm, pointed it at him and ordered him to drive up Rotary Way, where he allegedly shot Van Schalkwyk and stole his possessions.
He claimed the killer had given him money and Van Schalkwyk’s phone, and threatened him into keeping quiet. It was unclear whether he was referring to Kwaki or Ntonga.
When the prosecutor in the bail hearing pointed this huge departure from his confession out Lumatha answered his confession was out of fear of the “real killer”.
The investigating officer opposed the bail application, stating the accused was a flight risk, and one of his long list of previous convictions was escaping police custody. He also told the court the information contained in Lumatha’s confession could have been provided only by someone who had been on the scene at the time of the murder.
Lumatha’s bail application was denied and he has been in custody since then. His next court appearance will be Tuesday 8 October, two days before the anniversary of Van Schalkwyk’s death.
