The Gqeberha Regional Court has convicted Somelezi Gwaza (34) for his role in a violent armed robbery committed on 29 July, 2016, at Shoprite in Jeffreys Bay.
Luxolo Tyali, National Prosecuting Authority spokesperson, said that the incident resulted in the death of one of his accomplices and the attempted murder of police officers who responded to the scene.
He said that Gwaza was found guilty of five counts, robbery with aggravating circumstances, unlawful possession of a firearm, unlawful possession of ammunition, murder, and attempted murder.
“The charges stem from a robbery carried out just before closing time, during which six armed men stormed the store, held employees at gunpoint, and stole R90 000 in cash, cellphones, and other valuables,” said Tyali.
According to evidence presented by the State, the robbers arrived armed and wearing gloves, ordering Shoprite employees and a security guard to lie on the floor.
“Two of the robbers, including Gwaza, entered the cash office. Although the main surveillance system was disabled, a concealed camera above the cash office door captured footage showing a tall man later identified as Gwaza carrying a firearm. He was seen wearing a glove on one hand but manipulating the camera with his bare hand, leaving a fingerprint that was later lifted by investigators,” said Tyali.
He said that during the robbery, a passerby noticed suspicious activity and alerted the police.
Tyali said that upon arrival, officers were met with gunfire from an accomplice stationed outside.
“A shootout ensued, during which the accomplice, later identified as Maliviwe Fambuze, was fatally shot,” said Tyali.
He said that Gwaza and others attempted to flee the scene, using Shoprite employees as human shields, as described by the court.
Tyali said that his co-accused remain at large.
He said that at the time of the robbery, Gwaza’s fingerprints were not yet on the national database, and he remained unidentified until he was later linked to a similar armed robbery in the Mthatha region, an incident that involved the murder of a police officer.
Tyali said this case is currently pending before the Mthatha High Court.
“Gwaza, originally from Qumbu, was eventually arrested in 2022 after his fingerprints from the Mthatha case matched those collected from the Jeffreys Bay robbery scene,” said Tyali.
He said that in court, Gwaza denied all charges and claimed he was in the area for job-hunting purposes and shopping.
However, the court rejected his version as not reasonably true and accepted the case presented by the State, led by Regional Court Prosecutor Johan Jansen.
Tyali said that the prosecution relied on testimony from Shoprite staff, SAPS officers, and a fingerprint expert.
“Key exhibits, including the crime scene photo album and video footage, were admitted into evidence without objection. The court held that the doctrine of common purpose applied, finding that Gwaza acted in concert with the other robbers,” said Tyali.
He further said that the court also heard that Gwaza had a prior conviction for assault with intent to cause grievous bodily harm, committed in October 2012, where he was sentenced to six months’ imprisonment with an option of a R3 000 fine.
Welcoming the conviction, Eastern Cape Director of Public Prosecutions, Barry Madolo, said, “This conviction brings long-overdue justice in a case that left employees traumatised and a community shaken.
Armed robberies, especially those involving coordinated groups and firearms, pose a serious threat to public safety.
The NPA remains committed to pursuing all perpetrators, no matter how long it takes,” said Madolo.
Tyali said that the NPA remains steadfast in its mission to uphold the rule of law and ensure that violent criminals face the full consequences of their actions.
He said that the State will argue for an appropriately punitive sentence when the matter returns to court on 26 August this year.
