Magaqa murder trial postponed as defence seeks commission and trial transcripts

The murder trial of former ANCYL secretary-general Sindiso Magaqa was postponed at the Pietermaritzburg High Court on Wednesday after the defence said key documents, including an affidavit presented to the Madlanga Commission of Inquiry, were missing.

Why the hearing was delayed

Defence attorney Sibusiso Dlamini told the court it was crucial to obtain documents and transcripts from the trial of hitman Sibusiso Ncengwa, who was sentenced in July 2025 after confessing to having been hired to kill Magaqa. Dlamini said the National Prosecuting Authority (NPA) provided an incomplete soft copy of the Ncengwa transcripts on May 26, 2026.

Dlamini said he had learned in court that “the State has those transcripts, but again, outside the court, I have learned that they only have them to a certain point, which means I would still have to get the remaining transcripts.” He added that after obtaining the required documents he would consult with his client and read through the transcript from the Madlanga Commission. “From there, we decide on how this trial will then go forward. There are so many avenues that we can explore. We can go straight to trial and then submit legal representation to NDPP (National Director of Public Prosecution), depending on what we discover on those transcripts.”

Court timetable

Judge Mluleki Chithi postponed the matter to August 27 for a trial conference, which will determine the date for the start of the trial.

Background to the case

Magaqa was killed after a shooting in his hometown of Umzimkhulu, KwaZulu-Natal, on July 13, 2017. He was an ANC councillor in the Umzimkhulu Municipality and a former ANCYL secretary-general. The article states Magaqa gained prominence posthumously for his role as a whistle-blower against local government corruption.

Three people Zwelithini Stanley Skhosana, a former municipal manager, together with co-accused Sbonelo Myeza and Mbulelo Mpofana face charges of murdering Magaqa. Ncengwa, who admitted he was hired to kill Magaqa, was convicted and sentenced in July 2025.

Defence position and procedural history

Dlamini said his client had not caused the historical delays in the matter. He noted that “the accused person, Mr Skhosana, was only arrested last year in July, and he was arraigned in the High Court only in October last year.” He said, “We are trying by all means to expedite this matter, but going forward, we want justice done in this matter, and we are not delaying it deliberately. We are looking at all the legal avenues that are available to our client to make sure that in the interest of justice he has a fair trial.”

State response

NPA provincial spokesperson Natasha Ramkisson-Kara said the delay was also caused by Skhosana, who requested a postponement as he was replacing his legal representative. “During proceedings today, an advocate has come on board representing accused three,” said Ramkisson-Kara.

Next steps

The trial conference on August 27 will set the timetable for the case and determine when the trial will begin, depending on the outstanding documents and the parties’ readiness.