Johannesburg – Video footage has emerged of a deadly incident that occurred in Midrand two years ago in which a driver shot at his passenger before alighting from his car to fire more bullets at the fleeing victim who had collapsed onto the tarmac.
The victim in the surveillance footage was identified as Xolani Kunene, a married father of two.
The alleged shooter is Buhle Lebohang Mabaso, who is accused of fatally shooting Kunene outside a housing estate in Midrand in the early hours of 13 August 2022.
The family of the murdered man has now turned to AfriForum’s Private Prosecution Unit for help after an investigating officer and prosecutor allegedly tried to persuade them to accept a plea deal.
The offer would see the accused plead guilty to culpable homicide in exchange for no prison time.
Nearly two years later, Kunene’s family said they have lost faith in both the SA Police Service and the National Prosecuting Authority’s (NPA) ability to ensure justice for Kunene due to their persistent failure to provide any updates on the case’s progress.
Commenting on the matter on Tuesday AfriForum said: “It is also unclear if critical evidence has been included in the docket.
Surveillance footage of the incident depicts two men sitting in a car, as the driver produces a firearm and shoots his passenger several times.
“While the man lies motionless on the ground, the driver walks around the car and shoots the man again in the head before fleeing in the car.”
Kunene died at the scene.
Mabaso was arrested hours later, allegedly trying to flee Gauteng.
He was granted bail a week later. Kunene’s wife, Nosipho Nombela, and his sister, Sindisiwe Mhlongo, allege that during the investigation into the murder, the investigating officer and prosecutor tried to talk them into accepting Mabaso’s offer.
“The agreement would see Mabaso pay Kunene’s family R500 000 in compensation in exchange for a suspended sentence and a guilty plea on culpable homicide,” said AfriForum, adding: “They rejected the offer”.
In April of last year, out of frustration at the lack of communication on the status of the case, Mhlongo approached several NPA officials, including a Gauteng deputy director of public prosecutions.
Despite a commitment to provide feedback, Mhlongo said that was the last she heard from the senior NPA official. Mhlongo said she and her family have been left in the dark.
“It concerns us that the accused is able to ask the investigating officer to invite us to discuss compensation,” said Mhlongo.
“But the prosecution doesn’t respond to any of our emails and concerns as a family. We do not know what their strategy is.
“So I approached AfriForum because they’ve built a good brand out there for standing up for South African citizens.
“They were literally the only people when I went public on social media who responded and gave us the ear and actually took the matter seriously even though my brother wasn’t famous.”
Barry Bateman, the AfriForum Private Prosecuting Unit’s spokesperson, said prosecutors have a duty to provide updates to the families and loved ones of those affected by crime.
“The failure of the NPA to properly communicate not only pays lip service to their strategy of being victim-focused but creates the opportunity for their conduct to be questioned,” said Bateman.
“Having seen the surveillance footage of the incident, we see murder as the only charge the accused should plead to.
“We will closely monitor the case and ensure that all the evidence, including the surveillance footage, is presented to the court.”
The matter will be heard in court on 29 July 2024.
