LIFE AND 29 YEARS IMPRISONMENT FOR KILLING WARD COUNCILLOR
The Durban High Court sentenced Mxolisi Mzokhona Gcabashe (33), to life and 29 years imprisonment, for the various offences he committed between February 2021, and January 2022. He was convicted of theft, two counts of unlawful possession of firearms, two counts of unlawful possession of ammunition, and murder. In February 2021, he stole a Toyota Hilux vehicle valued at R450 000 from the Hillcrest area. Then in March 2021, he was found in unlaw possession of a firearm and ammunition in the KwaNyuswa area.
The deceased in the murder charge, Minenhle Calvin Mkhize, was the ANC ward councilor of Ward 103 in the Cliffdale area. He was voted into this position in the November 2021, national local government elections. His appointment caused unhappiness and disgruntlement amongst some of his fellow political party members. In January 2022, Mkhize was outside his home, seated in his vehicle when Gcabashe drove there. Gcabashe approached Mkhize and shot him several times before fleeing the scene. Mkhize died immediately as a result of multiple gunshot wounds to the skull and its contents. A month later, police recovered the vehicle used in the shooting at Gcabashe’s home. The car belonged to him. He was also found in possession of a firearm and ammunition.
In court, Senior State Advocate Elvis Gcweka (assisted by Advs Nhlanhla Shange and Bonga Vika), led the evidence of eyewitnesses who saw the murder unfold, as well as the evidence of police officials and cellphone data. The state also led ballistic evidence linking Gcabashe to the murder, as firearm cartridges found on the scene matched the gun that was found in his possession upon arrest. Gcweka handed in a Victim Impact Statement compiled by Mkhize’s mother and facilitated by Court Preparation Officer, Prudence Geraud. In her statement, the mother said that Mkhize was her only child and they shared a close relationship. He was a good father and cared for everyone. She said that his death has left a void in their lives. His children are performing poorly at school as they too cannot get over what happened.
Gcabashe was sentenced to life imprisonment for murder, 20 years imprisonment for the two counts of unlawful possession of a firearm (8 and 12 years respectively), 6 years imprisonment for the two counts of unlawful possession of ammunition (4 and 2 years respectively), and three years imprisonment for the theft. The sentences will run concurrently with the term of life imprisonment. He was declared unfit to possess a firearm and the court made an order that Mkhize’s family must be consulted by the Department of Correctional Services if Gcabashe is ever considered for parole.
The National Prosecuting Authority welcomes the sentence, and we commend the successful partnership between the Prosecution and the Political Task Team. Political killings are rife in KZN, and we hope that sentences of this nature will serve as a deterrent to like-minded individuals. The NPA and its partners are determined to bring perpetrators to account for their actions.
