Street vendor, Sbongokuhle Mboqo, who allegedly killed a homeless man with a panga on December 5, has asked the Durban Magistrate’s Court to grant him bail.
In his bid to ask for bail, Mboqo, through his lawyer from Legal Aid, Ntando Cele, said he was walking in the Durban CBD on Alice Street carrying a panga and a bucket as he sells cow head meat (inyama yenhloko) when homeless men came to attack him.
To protect himself, he waved the panga which landed on an unknown African man called Sihle. Sihle was injured and taken to hospital where he later passed away. Another male person Sandile Ngema was injured. Mboqo faces charges of attempted murder and murder.
On the day of the incident, Mboqo was on his way to start with the preparations of selling the cow head meat and said that is why he was carrying a panga. He said he is living in a shack that belonged to his late father, in an informal settlement in Cator Manor.
“I have two children, one is two-years-old and the other is six-months-old. I have no intention of interfering with State witnesses,” he said.
However, State prosecutor Calvin Govender said the State is opposing bail as Mboqo is charged with a schedule five offence.
He read the affidavit of an investigating officer, who said Mboqo threatened to kill the victims. He said Mboqo’s sister had been robbed by the homeless men and in return, the accused attacked the victims.
“Whilst on the bridge, the victims were waiting to cross the street, the accused attacked Sihle with a Panga from behind on the head. Sihle fell and the other victim ran away. The accused assaulted Ngema in the head with the panga; he tried to block with his hands,” explained Govender.
He said Ngema sustained injuries on his left arm, his forehead, and head. A police van that was driving around stopped and Mboqo ran away but he was caught. Both his victims were taken to hospital and that is where Sihle died.
Govender said Mboqo’s address has been verified, however, there was another address of a relative that the court needed clarity on and requested that the investigating officer be called, but he was not successful.
The defence called Mboqo’s mother, Nyandisa Mbulawa, to the stand and she denied that her son has a sister who lives in Durban.
“His sister is two-years-old and she lives in Johannesburg with me,” she said.
She further confirmed that Mboqo has two children who reside with their mothers. The matter was postponed to Thursday for the verification of another address.