THE state has finally answered the big question that if indeed R803 455 was paid to accused number four, Mziwethemba Gwabeni for the AKA hit, why has the source not been arrested.
Presenting the state's heads of argument on Friday, 3 May, senior state prosecutor Advocate Lawrence Gcaba told the court that the defence must wait and deal with what they have.
Gcaba said the state is following and investigating the source of the payment.
“Even though applicant number four (Gwabeni) says he has been paid for services he rendered, there's no such evidence. We investigated and there's no such evidence. There's a bold statement from outside saying, no we are a legitimate company, we are paying for business purposes,” he said.
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He said the co-applicants got money from him (accused number four) of the equal amount, linking them to the commission of the offence.
“The co-applicants were paid equally and everybody who has been paid is the participant in this offence. What were the services rendered by applicant number one, two and five to applicant number four?
"One is given dividends, one is given a taxi loan, car repairs, buying cars. If it is a legitimate business there, if you pay to the school where his child attends, school fees. Where is the evidence to show that the co-applicant got shares in accused number four's company,” he said.
Gcaba questioned the manner in which the money was distributed.
“Picture this. your worship. I’m in charge of coordinating the hit. What I have to do, I will source the people that are supposed to carry that offence and I’m supposed to pay them.
"In the process I’m saying, you need cars, they said yes, here is the Polo. It is rented in my name, here it is Grand i10, use it, but the car where the shooters must come from must not link to us,” he said.
He said that although there's no evidence that accused number three, Siyanda Myeza was paid, it doesn’t mean he was not paid because he was the one who provided the guns and one of the guns found on him.
When the investigating officer opposed bail, he revealed that accused number four received R803 455 from KZN boss Mfunda Gcaba a day after AKA was killed.
The Gcaba family released a statement saying the payment was for business, not for the hit.
The matter adjoined to 15 May when Magistrate Vincent Hlatshwayo will deliver his judgment on the five suspects' bail application.
