The trial-within-a-trial related to the April 2024 murder of Kaizer Chiefs defender Luke Fleurs suffered a delay on Wednesday because a new state witness is not available, and due to the investigating officer confusing dates.
During court proceedings on Wednesday at the Johannesburg High Court trial sitting at the Palm Ridge Magistrate’s Court, state prosecutor Advocate Thamsanqa Mpekana said the state’s second witness in the trial-within-a-trial is not available.
Mpekana also said the investigating officer in the case thought the October 8 remand date is a Thursday, not a Wednesday.
Mpekana asked the court for the matter to be postponed so that the state’s second witness is available.
Case moved to October 13
Judge Cassim Moosa rescheduled the matter to October 13, 16 and 17. This for the continuation of the trial-within-a-trial.
Moosa asked the investigating officer if he knows the new dates the case is postponed to. And he confirmed that he accurately knows the new dates.
In September, Moosa ruled that a trial-within-a-trial will take place. It is determine the admissibility of the warning statements that police took from accused number four, Franky Xaba (25), and accused number five, Maredi Mphahlele (36), in relation to the April 2024 murder of Fleurs.
Xaba and Mphahlele said they did not give the warning statements freely and voluntarily.
Meanwhile, the trial-within-a-trial began on September 10 2025. It began with Detective Constable Gertrude Ntombi Mosetla from Honeydew Police Station testifying.
The main trial began on September 1 2025. The state’s first two witnesses in the main trial testified that they cannot identify the two men who shot and killed Fleurs on April 3 2024. The incident occurred at the Constantia service centre’s Shell petrol station in Florida, Roodepoort.
Witness unable to identify suspects
The state’s first witness wasTshilidzi Ramali, a petrol attendant at the Shell petrol station. He testified that he witnessed Fleurs’ murder. However, Ramali said he does not know the two men who robbed Fleurs of his vehicle. And he cannot identify the men who shot and killed Fleurs.
The state’s second witness was Captain Abe Sefularo Montwedi from the South African Police Service (SAPS) Gauteng provincial head office in Parktown, Johannesburg. He said he cannot identify the robbers in the Shell petrol station CCTV video footage depicting Fleurs’ murder. Montwedi said he watched the video footage of Fleurs’ murder on April 6 2024. He said the video footage was not clearly visible, and he could not see the faces of the robbers.
The accused are Ndumiso Ndura Moswane (26), Fernando Nando Sive (25), Nhlakanipho Dlamini (21), Xaba, Mphahlele, and Thembinkosi Hlomikhawu (31). They are facing charges of robbery with aggravating circumstances, murder and unlawful possession of firearms. Also unlawful possession of ammunition.
Sive is also facing a charge of unlawfully entering and remaining in South Africa. Being an undocumented migrant (count five). He is originally from Mozambique.
All pleaded not guilty
The accused pleaded not guilty to all the charges they are facing.
Fleurs was shot and killed on the night of April 3 2024. This happened at the Constantia service centre’s Shell petrol station in Florida, Roodepoort.
Two men who robbed the soccer star of his red, luxury VW Golf 8 GTI vehicle shot him once in the chest.
