Court dismisses discharge application by 11 Rosettenville CIT robbery accused

The Johannesburg high court on Friday dismissed the application by the 11 accused in the Rosettenville cash-in-transit heist case for it to be discharged.

The 11 made the application at the end of the state’s case.

Section 174 of the Criminal Procedure Act provides that if, at the close of the case for the prosecution in any trial, the court is of the opinion there is no evidence the accused committed the offence referred to in the charge or any offence of which the accused may be convicted on the charge, it may return a verdict of not guilty.

“The court dismissed the defence’s application to discharge the accused, affirming that sufficient evidence existed to proceed with the trial,” National Prosecuting Authority spokesperson Phindi Mjonondwane said.

The state alleges that on February 18 2022, Sihle Mazibuku, 35, Menziwa Shabalala, 48, Qaphelani Ngubane, 31, Kota Mnguni, 45, Hloniphani Dube, 41, Phedulani Mvubu, 45, Mike Ngwadi, 48, Andrew Thobolo, 67, Khulekani Nkosi, 37, Alex Matjebele, 44, and Milton Sandile Gasa, 46, along with their co-perpetrators, gathered at a safe house in Rosettenville to plan a robbery targeting a G4S security vehicle transporting money.

Between February 18 and 21 that year, the group allegedly held meetings while in possession of firearms, explosives, and high-powered vehicles in preparation for the robbery.

“Acting on intelligence about the planned heist, the police intervened on February 21 2022, leading to a fatal shoot-out. Several accused were arrested, while others were killed or escaped.”

Eight co-perpetrators were killed, four police officers were injured and a police helicopter was damaged. Authorities recovered rifles, ammunition, explosives and other evidence from the scene.

Dismissing the application, the court said the state had presented sufficient evidence for the trial to proceed.

The case was adjourned until next Tuesday when the defence will present its case. 

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