Court dismisses application to drop charges against Mafevuka murder accused
Sinoxolo Mafevuka’s body was stuffed in a communal toilet in the SST Section, Khayelitsha, in March 2016.
CAPE TOWN - An application to drop charges against two cousins accused of the rape and murder of Sinoxolo Mafevuka in Khayelitsha has been dismissed.
Mafevuka’s body was stuffed in a communal toilet in the SST Section, Khayelitsha, in March 2016.
Xoliswa and Athabile Mafilika were arrested shortly after the discovery and are currently on trial.
Advocates Mornay Calitz and Shaid Bruinders earlier delivered argument requesting the accused be discharged.
Bruinders argued the evidence against his client, Athabile, was not credible.
He said the only evidence the State has is a witness claiming he saw the two men drag a screaming Mafevuka to the communal toilets on the night of her disappearance, and a witness claims that certain clothing items found at the crime scene were worn by the accused.
Bruinders told the court the witness could not have identified the voices of the accused because he claims all three people were shouting.
The advocate added it’s unlikely anyone could’ve identified sunglasses that the accused allegedly had on his head, as the ones that were found at the crime scene.
Bruinders further noted that State witness Thandeka Nthame testify that his client was “sleeping in her arms” on the night of the murder and that he couldn't have slipped out as the State tried to claim during her testimony.
(Edited by Zamangwane Shange)