GQEBERHA – The sentencing proceedings of convicted mass murderer Mzwandile Mahambehlala (36) continued in the Gqeberha High Court on Wednesday, 8 July, with the defence presenting evidence in mitigation of sentence before both the State and defence delivered their final arguments.

Acting Judge Mziwonke Samson Dunywa reserved judgment to consider the submissions before determining an appropriate sentence tomorrow, 9 July.

According to SAPS spokesperson Brigadier Nobuntu Gantana, the conviction stems from the mass shooting that occurred on 29 January 2023 in Maqanda Street in KwaZakhele.

“Vusumzi Sishuba was celebrating his birthday with family and friends when his brother, Andile Sishuba, arrived from KuGompo City at approximately 17:40,” she said. “Within 15 minutes, two armed males approached from the direction of Andile’s house.”

Gantana added that Mahambehlala was arrested on 2 February 2023 following a tip-off that led police to a block of flats in Walmer, where he was found hiding.

Charges and convictions

The court heard that Mahambehlala was found guilty on 11 of the 13 charges against him, although he continues to maintain his innocence. His convictions include one count of unlawful possession of a firearm, one count of unlawful possession of ammunition, eight counts of murder (counts three to 10) and one count of attempted murder (count 11). He was acquitted on counts 12 and 13, both of which related to attempted murder.

The victims who were gunned down were Vusumzi and Andile Sishuba, Kholekile France, Mbuyiseli Mboya, Nomathamsanqa Mandla, Liyema Poro, Nandipha Koliti and Thando Fibi.

Victim impact statements

According to his defence attorney, Danie Gouws, Mahambehlala viewed this incident as “tragic” but stated that he was not involved in the shooting.

The court also heard victim impact statements from members of the Sishuba, Koliti and Mboya families, who detailed the devastating emotional, psychological and financial consequences of the 2023 mass shooting.

Nomaxabiso Sishuba, the sister of deceased brothers Vusumzi and Andile Sishuba, told the court that the loss of two brothers had left the family carrying the financial burden of supporting several children left behind, while also battling depression and emotional trauma that required hospitalisation and medical treatment.

Members of Nandipha Koliti’s family described how the death of their loved one had shattered the family, with one child struggling to cope at school before eventually dropping out, while another said the grief had affected their studies and mental wellbeing.

Nandipha’s mother, Nonceba, told the court she was left to care for three granddaughters on an old-age pension grant, and claimed that the stress of losing their daughter contributed to her husband’s death.

The Mboya family representative, Sinomtha Mboya-Zweni, told the court that they had lost not only a father but also a mentor and provider. They described how his youngest daughter (10) had been deprived of growing up with her father, while his older children had been robbed of sharing major milestones in their lives with him. The family said the violent manner of his death had left lasting trauma and changed their lives forever.

@ecexpressnews Convicted mass murderer Mzwandile Mahambehlala appeared in the Gqeberha High Court today as the State and defence presented their final sentencing arguments. The court heard victim impact statements before Judge Dunywa AJ reserved judgment on sentence. #MassShooting #Gqeberha #EasternCape #SouthAfrica #News#ComfortSegredos ♬ News, news, seriousness, tension(1077866) – Lyrebirds music

The defence attorney addressed the personal circumstances of Mahambehlala. Gouws told the court that the accused has seven children, aged between five and 18, for whom he allegedly pays maintenance.

The court also heard that Mahambehlala is allegedly self-employed, being the owner of a carwash business in Gqeberha, where he earns between R4,000 and R6,000 per month. Gouws also told the court that Mahambehlala does not have any prior convictions and has been in custody since his arrest.

Gouws noted that, given the accused’s continued denial of involvement, they could not argue substantial and compelling circumstances. He added that after sentencing, the accused’s family would consider further legal options.

State’s argument

However, the State attorney, Velile Makasana, argued that the accused was convicted on eight counts of murder, one count of attempted murder, and possession of an unlicensed firearm. “The crimes fall within Section 51(1) of the Criminal Law Amendment Act 105 of 1997, attracting mandatory life imprisonment,” said Makasana.

The State further opposed the notion that Mahambehlala was not involved in the shooting, stating that the accused was positively identified by one of the family members.

Having heard the accused’s circumstances, Makasana maintained that they were “ordinary circumstances.”

Makasana added that if an accused acted with a common purpose to commit a crime but did not commit the crime themselves, they should still be punished as if they had.

“The accused showed no remorse for the crimes during the court proceedings,” Makasana said, adding that a punishment of this nature should serve as a deterrent to other would-be offenders.

People who are supposed to be free are imprisoned in their own homes, living in fear of gun violence in Gqeberha. The court should send a message that it will not tolerate such conduct.

The State also opposed the notion that Mahambehlala’s source of income was from his carwash. “The accused is involved in informal security activities linked to local tender-related businesses. Evidence revealed that the accused and several others demanded protection fees from businesses in their area through intimidation and violence,” Makasana said.

Makasana added that the accused’s testimony did not mention his carwash business. He allegedly confirmed in court that he was paid by local businesses for his security protection services, but denied that the money paid to him constituted forcibly solicited protection fees.

Acting Judge Dunywa told the court that the matter would be postponed to tomorrow, 9 July, for sentence to be delivered. The accused remains in custody.

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