Stinging rebuke from magistrate as 14 initiates appear on murder charges

Fourteen initiates accused of killing a peer were given a tongue-lashing they won't soon forget when they appeared in the Komga magistrate's court on Thursday.

Sands Makhwenkwana, 16, was allegedly beaten to death by the 14 initiates who accused him of stealing their food at an initiation school on Wednesday.

Once the accused initiates had taken their place in the dock, magistrate Mxolisi Dlulisa — clearly a staunch believer in traditional rites —  let his feelings be known.       

“It is the first time in my 35-year career I've had initiates appearing before me. This is a disgrace and an insult to the ritual that our nation prides itself on. I am not convicting you, but for initiates to face these serious charges [murder], it is a disgrace. If found guilty, this should haunt you until the day you die.”

“It triggers more questions than answers when one sees an initiate facing serious charges like this for assaulting a person to death over a plate of food.” 

The initiates were all released on a warning pending their next court date.

As a further example of his respect for traditional rites, Dlulisa agreed to a request by the initiates' lawyer to remove all the women from the public gallery as an observation of the customary law that initiates should not come face to face with women until they have graduated.

Dlulisa was told by the accused that three of the initiates — Thandolwethu Gumenge, 20, Siphesihle Mntunjana, 19, and Siyasanga Golsini, 19 — had graduated on Wednesday.

All the initiates were arrested on Thursday.

The three new graduates appeared wearing their new “junior men” clothes. The remaining initiates were still dressed in initiation gowns and had faces and bodies painted in white clay.

The remaining accused are Lungelo Nkwenkwezi, 19, Aphiwe Siko, 19, Alive Gxowa, 20, Athule Platyi, 20, Ahlume Tshemese, 19, Maliviwe Mvumbi, 19, Siphelele Damoyi, 19, Likho Kilani, 19, Siboneni Nyamakazi, 19, and Melikhaya Bukani, 19.

State prosecutor Wesley George asked Dlulisa to postpone the case to February 11 for further investigation.

The accused will have to report to the Komga police station every Friday between 8am and 4pm from January 10.

Dlulisa said there was no evidence before the court suggesting that the 14 initiates might evade trial.

There was also no evidence suggesting that any of the 14 might commit crimes or interfere with witnesses.

As such, he found it was in the interests of justice that they be released.

Eleven initiates were sent back to the initiation school while three went back to their parents.

In something of a surprise twist during proceedings, the initiates' lawyer, Zweli Thini, told Dlulisa that Makhwenkwana was “caught” in the local township and transported to the initiation school near the Komga industrial zone by traditional nurses.

“The people who are guardians of the initiates at the camp brought the victim and convinced the initiates to commit the crime by telling them the myth that initiates cannot be arrested in SA. There is more to this case and more arrests are imminent,” Thini told the magistrate.