Charges dropped against man initially implicated in Bhityi double murder

Charges were dropped because the evidence we have does not link him to the crime

A man charged with gunning down an elderly Thantseka village woman and her grandson is now walking free.

This is after charges against him were withdrawn by the National Prosecuting Authority in the 11th hour of his bail bid.

Lungile Nogaxa, 38, was arrested in February by the police who believed him to be part of a gang of four who gunned down three family members — a grandmother, her daughter and her grandson — near Bhityi, just outside Mthatha, on February 2.

He was charged with the murder of the woman, Nosongile Weduwedu, 62, and boy Kungawo, 9, who was reportedly trying to assist his injured grandmother.

The two died of their gunshot wounds while Kungawo’s 13year-old cousin was trying to resuscitate them and bandage their wounds.

State prosecutor Thulani Jokana on Wednesday told Mthatha magistrate Melikhaya Dyakopi that the director of public prosecutions was withdrawing the charges against Nogaxa.

Nogaxa and Sithandile Benene, 38, were charged with two of the murders, as well as with possession of unlicensed firearms and ammunition.

They were back in the dock for a continuation of their bail bid when the state prosecution made the about-turn.

Only Benene had made his bail bid when charges against Nogaxa were withdrawn.

NPA regional spokesperson Luxolo Tyali on Thursday confirmed the charges were withdrawn.

“Charges were dropped because the evidence we have does not link him to the crime,” Tyali said, adding there was nothing they could do without evidence.

The Dispatch Nogaxa, who was represented by a Legal Aid attorney, had neither pending cases nor previous convictions.

At the time, police spokesperson Brig Tembinkosi Kinana said the arrests began at about 1pm on February 14, when the serious and violent crimes and tracking team received information leading to the arrest of Aphelele Dumo Ntlanganiso, 26, at Mabheleni village in Mthatha.

On February 19, the team arrested Chwayitile Mthetheleli Phingilili, 37, at Phingilili village near Bhityi.

The pair will be in the dock on Friday for their bail bid.

They are also charged with the murder of Weduwedu’s daughter Dluliswa, 44, who was shot dead at her house about 200m from her mother’s homestead.

Dluliswa was Kungawo ’ s mother.

Benene will continue his bail bid on March 31.