Drama in Nelspruit Magistrate’s Court as Hillary Gardee murder accused applies for bail

The ongoing bail hearing of murder accused Sipho Mkhatshwa was filled with nothing but high drama as it continued in the Nelspruit Magistrate’s Court from July 22 to 26.

Mkhatshwa is one of the three accused facing kidnapping, rape, conspiracy to murder and murder charges following the disappearance and murder of Hillary Gardee.

Gardee, the daughter of the EFF’s former secretary general, Godrich Gardee, was reportedly missing on April 29 and was discovered to have been allegedly murdered.

Her body was found dumped in a bush on the Sabie/Lydenburg Road four days after her disappearance, with stab wounds, boot prints and a gunshot wound.

Hillary was allegedly abducted while shopping at Nelspruit Plaza with her adopted three-year-old daughter. The little girl was later discovered abandoned in the streets of KaMagugu, where they stayed.

Mkhatshwa’s wife testifies

For the better part of Monday July 25, Zandile Magagula, Mkhatshwa’s wife, gave a testimony in defence of her husband.

Magagula told the court that a crucial SMS tip-off that the police had used to arrest Mkhatshwa and charge him for Hillary’s murder, had been sent by her ex-husband from his mother’s number, as he had wanted to disrupt Magagula and Mkhatsha’s wedding plans.

The sender of the SMS claimed to be a sangoma and alleged Mkhatshwa had approached him asking for a cleansing for killing the victim. The message also contained allegations that Mkhatshwa had wanted to abduct and sell Magagula’s two children living with albinism to the sangoma.

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Magagula described how Mkhatshwa was allegedly assaulted by the police during his arrest on May 6. She said she had been eight months pregnant at the time and had prematurely delivered their baby girl on May 27, because of trauma and stress.

Plot to kill witnesses

Taking to the witness stand on Tuesday July 26, an investigating officer, Colonel Thamsanqa Mkhaliphi, told the court that the trio accused of killing Hillary had been overheard by several inmates to have been colluding to murder one of the witnesses in this case.

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He argued that bail should not be granted, citing safety concerns for the witnesses after he had been told about the plan to kill one of them.

On Monday, Mkhatshwa had told court that he was not a flight risk and therefore should be granted bail.