The trial of the six men accused of the hijacking and murder of Kaizer Chiefs defender Luke Fleurs is set to commence on August 6 at the Johannesburg High Court sitting in the Palm Ridge Magistrate’s Court.
The accused — Ndumiso Ndura Moswane (26), Fernando Nando Sive (25), Nhlakanipho Dlamini (21), Franky Xaba (25), Maredi Mphahlele (36), and Thembinkosi Hlomikhawu (31)— appeared at high court on Monday.
During the court proceedings, state prosecutor PT Mpekana told Judge Cassim Moosa that the prosecution and defence lawyers still needed to discuss certain aspects of the case and asked Moosa to postpone the matter for pre-trial proceedings.
Moosa dismissed Mpekana’s request, asserting that the trial should proceed.
Moosa questioned the defence lawyers about the delay in deciding on a trial date and starting the trial.
The defence lawyers said they still needed to discuss Section 220 admissions with Mpekana. They asserted that this is the sole unresolved issue that requires attention.
According to South Africa’s Criminal Procedure Act 51 of 1977, Section 220 admissions are statements made by the accused or the prosecution that are recorded and accepted by the court, simplifying the trial by removing the need to prove facts that are not in dispute.
Moosa said the state and the defence should discuss the Section 220 admissions before the trial starts.
Moosa said the state prosecutor and the defence lawyers should agree on trial dates.
Mpekana and the defence lawyers agreed that the trial would start next Wednesday. The trial will run from August 6 to August 8.
Moosa said additional trial dates can be added afterwards. The six suspects were denied bail in May last year, and they remain in police custody.
Hijacked and killed at Shell’s petrol station
The National Prosecuting Authority is expected to call 40 state witnesses to testify during the trial.
According to the formal indictment, the state witnesses consist of police officers, residents of Slovoville in Soweto, employees of the petrol station where Fleurs was murdered, and Fleurs’ family members, among others.
As stated in the indictment, Moswane, Sive, Dlamini, Xaba, Mphahlele, and Hlomikhawu will be facing charges of robbery with aggravating circumstances, murder, unlawful possession of firearms, unlawful possession of ammunition, and unlawfully entering and remaining in the Republic of South Africa.
On April 3, 2024, two armed men shot and killed Fleurs during a hijacking. The incident took place at the Shell petrol station located in the Constantia service centre in Florida, Roodepoort.
After shooting Fleurs, the men sped off in a white BMW vehicle.
The accused were arrested in April 2024 in Slovoville, and Fleurs’ luxury VW Golf 8 GTI was also recovered the same month.
Police believe that the six accused are part of a syndicate responsible for car hijackings across Gauteng. The search for more suspects is ongoing.
In the indictment, the state says Fleurs’ cause of death was a gunshot wound through the chest. The state also alleges that the accused committed the crimes in execution of a common purpose.
Suspects say state’s case is weak
During the suspects’ bail application in May 2024, the court heard evidence from the investigating officer, detective sergeant Nare Benedict Moloto, who said the police did not have any evidence that placed the suspects at the crime scene.
Moloto said the police cannot link the suspects to the murder and hijacking of Fleurs, noting that he cannot convince the court that they planned the murder and hijacking.
Moloto added that police obtained statements from the suspects, and they admitted to being in possession of Fleurs’ vehicle, which they planned to strip and sell its parts.
According to Moloto, the suspects claimed that they saw Fleurs’ car parked in front of someone’s yard for days when they decided to steal it.
The car keys were found in possession of the suspects, according to Moloto. The suspects, however, denied that they killed Fleurs or stole his vehicle.
They informed the court that they could not be connected to the crimes they are accused of because the state’s case was weak.
