Eastern Cape director of public prosecutions Zandile Ntsaluba said on Wednesday he was confident the State had new evidence likely to lead to a conviction in the double murder and robbery case against Dumisani Ncamazana and his brother Simnikiwe.
Speaking after the brothers’ brief appearance on Wednesday, Ntsaluba said: ”At this stage we are convinced we have sufficient new evidence to get a conviction.”
Ntsaluba would, however, not be drawn on the exact nature of the evidence.
The brothers were provisionally charged in the East London Magistrate’s Court with two counts of murder — that of Martin Whitaker and a taxi driver — and four counts of robbery with aggravating circumstances.
Dumisani, a former Azanian People’s Liberation Army cadre, was pardoned by President Thabo Mbeki earlier this year for a 1997 armed robbery. He was re-arrested on Tuesday after the investigating officer said new evidence surfaced. His brother was already in custody on an unrelated charge.
Dumisani was initially arrested in connection with Whitaker’s murder, two weeks after he was pardoned. His arrest provoked a storm of controversy over presidential pardons. Opposition parties slated the Justice Department and police for bungling the investigation.
However, Dumisani was subsequently released because of insufficient evidence.
Meanwhile, the lawyer who initially represented the former Apla cadre has withdrawn from the case. Simnikiwe has requested legal aid.
The case was postponed on Wednesday until September 26. It was not immediately clear why attorney Mzimhle Popo had withdrawn from the case.
It is understood that Dumisani was represented by Louise Yazbek on Wednesday.
Yazbek said the Legal Aid Board had refused to appoint an advocate to represent the two brothers when the case went to the high court.
”I am also not going to represent the Ncamazana brothers. I was told by the Legal Aid Board that they wanted a lawyer who would start and finish the case. Due to personal issues I have to withdraw as the defence,” Yazbek said. – Sapa