Lazarus Baloyi, in custody for six months on a charge of murdering kwaito group Mafikizolo’s vocalist Tebogo Madingoane, walked free from the Johannesburg High Court on Monday.
Prosecutor Advocate Riaan Kock asked Judge Geraldine Borchers to withdraw charges against Baloyi on the grounds that an inquest with formal evidence will be held ”in a lower court”.
Baloyi (32), of Hammanskraal, faced a murder charge following a road-rage incident in which Madingoane was shot dead in Soweto earlier this year.
The inquest magistrate will determine whether the musician’s death was caused by any ”act” or ”omission” on the part of any living person that amounted to ”criminal liability”. A prosecution might then follow.
According to court documents, Madingoane died from a gunshot wound to the chest in the Chris-Hani Baragwanath hospital in the early hours of February 14.
The court documents allege that Baloyi ”drove through a red traffic light and nearly collided with the vehicle”, driven by Madingoane.
Madingoane then allegedly followed Baloyi to a nearby garage, where an argument ensued. Baloyi drove off and Madingoane was taken to hospital where he died. — Sapa
Mother hospitalised
The mother of the slain kwaito star was hospitalised on Monday after her son’s alleged killer walked free.
Madingoane’s brother Sydwell said on Monday that his mother was admitted to Helen Joseph hospital in shock shortly after she heard the news on the radio.
”My mother was almost killed by this news. Justice has not taken its cause because Baloyi is a murderer but is still allowed to walk free.
”The Johannesburg High Court’s decision has broken my family,” he said.
Meanwhile, the Baloyi family feels no better decision could have been made.
Baloyi’s sister Sheilla said her brother is not a thug.
”The community was pointing fingers at us, saying that we killed a celebrity. Now my family can rest from all the emotional battering.
”My brother only acted in self-defence, shielding his own life,” she said. — Sapa