Judge rejects application to recuse prosecutor in ANC councillor's murder case

DURBAN - The state in the murder case of slain African National Congress (ANC) councillor Siyabonga Mkhize has refused an application to recuse the prosecution in the matter.  

Last week the five men accused of killing Mkhize and Mzukisi Nyanga in 2021, brought an application to have advocate Lawrence Gcaba removed from the case.   

The group is accused of killing Mkhize to pave the way for one of the accused, Mzimuni Ngiba who was later elected councillor for eThekwini ward 101.  

One of the defence lawyers in the murder case of the former ANC councillor, Advocate Andrew Matlamela argued that the lead prosecutor Gcaba is under investigation.   

READ: DA slams disbandment of KZN political killings task team

Gcaba, a renowned prosecutor working on major cases including that of rapper AKA and his friend Tibz among others, to be removed from the case.   

This comes as the political task team that probed this case and other political killings face corruption allegations.
Matlamela alleged in court that the task team is being investigated for abuse of power.  

However, Durban High Court judge W. Harrison said if Gcaba was being probed, the National Prosecuting Authority would have suspended him by now.  

Harrison dismissed the application and said his reasons will be contained in his judgment.