A group of University of Fort Hare students arrested for killing a fellow student they accused of stealing a pair of sneakers and a laptop from them has failed to crush charges against them.

The high court in the Eastern Cape provincial capital, Bhisho, found the five students – Monelisi Sodidi, Lindokuhle Ndlebe, Siphosethu Nkomo, Mosuli Mgilane, and Aphelele Qongo, who are all in their 20s – have a case to answer for the kidnapping, assault with intent to do grievous bodily harm and murder of Lubabalo Nguta in October 2023.

The incident happened in the institution’s main campus in Alice, where Nkomo was told by another student Athule Khatshwa at a tavern that Nguta had given him the sneakers.

Nkomo was accompanied by Sodidi, Ndlebe, and Mgilane, and Khatshwa produced the pair of sneakers from his wardrobe and the group demanded to be taken to Nguta.

According to information provided by State witnesses, the four students wanted Khatshwa to take them to the person from whom he obtained the shoes and indicated that there were other missing items like laptops they were looking for.

The evidence shows that load shedding had just started, but the group later went to Nguta’s room.

Sodidi, Ndlebe, and Mgilane assaulted Nguta with hands, fists, and their feet, kicking him on his upper body and were later joined by Qongo, who came with a plastic bag and put it on the deceased’s face to suffocate him.

A State witness who was present during the assault testified that Nkomo just assaulted Nguta without asking any questions and picked a broomstick used to assault him until the broomstick was broken.

During the assault, Qongo often poured water over Nguta using a five-litre bucket, stating that he wanted him to be active while he was on the ground helplessly assaulted and kicked by Sodidi, Ndlebe, Nkomo, and Mgilane.

Nkomo and Nkanyiso Nzimakhwe, who was initially arrested with the other five accused, joined in pouring water on Nguta.

The post-mortem report admitted as an exhibit showed that Nguta sustained multiple serious injuries on different parts of his body, and his death was recorded as having been caused by blunt trauma to the head.

Acting Judge Aaron Zono described Nguta’s brutal assault with clenched fists and booted feet to be consistent with blunt trauma.

“The broomstick, pipe, and iron rod are too consistent with blunt trauma. All of them are capable of causing death as they are categorised as blunt objects. Any of the above can cause a person’s death. There is accordingly prima facie evidence of murder against the accused persons,” Acting Judge Zono explained.

“I have no doubt in my mind that the evidence presented by the State calls for an answer. Put differently, the State has established a prima facie case against the accused persons.”

According to the ruling, it is undoubted that there exists evidence upon which this court can convict.

“An application for a discharge in terms of section 174 of the Criminal Procedure Act (CPA) is hereby refused,” Acting Judge Zono stated.

In terms of the CPA, an accused may be discharged at the close of the prosecution’s case if the court believes that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he or she may be convicted on the charge, it may return a verdict of not guilty.

loyiso.sidimba@inl.co.za