Murder suspect's preferential treatment in prison hospital raises eyebrows

Mzamo Patrick Mlaba, 63, who is charged with orchestrating the murder of former KwaZulu-Natal member of the legislature and ANC veteran Zibuse Mlaba, is alleged to have received special treatment while at Westville prison hospital.

This revelation was made by the State on Wednesday morning during Mlaba's bail application at the Camperdown Magistrate's Court. Zibuse Mlaba was also a regent chief at KwaXimba.

State prosecutor Advocate Nokulunga Ngcobo asked the court to note how Mzamo was abruptly discharged from the prison hospital after they questioned his admission there.

Mzamo had told the court that he was sick and had been admitted to the prison hospital from the day he was arrested. He also alleged that the prison was inadequate in treating his medical conditions, which the media is not allowed to disclose. 

“We deal with the issue of him being admitted to a medical ward. We established that he has  connections and he was favoured in prison,” Ngcobo said. 

She said when they probed how he had been admitted to the hospital, Mzamo was immediately discharged. 

Ngcobo opposed granting Mzamo bail, asserting he had failed to demonstrate the requisite exceptional circumstances.

She emphasised that because this was a Schedule 6 bail application under the Criminal Procedure Act, the burden rested squarely on Mzamo to provide the court with compelling reasons for his release.

When the defense challenged the strength of the State's case, the prosecutor countered by reminding the court that the proceedings were for a bail application.

“Bail is not a trial, and prosecution does not have to close all loopholes at this stage,” she said, citing case laws.

Advocate Sibusiso Xulu, Mzamo's representative, argued that his client's prior convictions were irrelevant, except for the two murders — those of Sibusiso Brian Mlaba and Nkosenhle Mkhize. His other convictions include robbery, assault with intent to cause grievous bodily harm, and possession of explosives.

Xulu further stated that Mzamo had remained crime-free since his release from prison 18 years ago.

During Xulu's argument for his client's bail, Magistrate Smanga Mlotshwa questioned him regarding the Investigating Officer, Sergeant Ntokozo Zulu.

Mlotshwa referenced Zulu's earlier testimony that investigations revealed a widespread fear among people to discuss the case, a point corroborated by Zulu's informers.

“Clearly, if people do not want to participate, it is because they are scared,” Mlotshwa said. 

Xulu responded that people did not want to voice their opinions. 

Magistrate Mlotshwa questioned: “Do you accept that informers represent the view of the community?” 

Xulu responded by stating: “We don’t even know these informers.” 

Mzamo has been denied bail at Umlazi Magistrate's Court. He is charged with the murder of his cousin, Zibuse, who was brutally killed on October 21, 2021. Mzamo is alleged to have paid R130,000 for Zibuse's murder.

In connection with this case, Mzamo is also charged with the murder of Mncedisi Gwala in Umlazi. Gwala is identified as a shooter in Zibuse’s murder, and Mzamo had allegedly paid him to kill Zibuse.

The State alleges that Mzamo learned Gwala had discussed killing Zibuse while Gwala was incarcerated for an unrelated offence. Following Mzamo's payment of Gwala's bail, Gwala was released and subsequently killed.

Mlotshwa will make his ruling later in December. 

nomonde.zondi@inl.co.za