INLSA
Is Nkosinathi Chiya, serving a life sentence for murdering IFP strongman Thomas Mandla Shabalala, an innocent man? He was in court in Durban asking that his case be revisited. Picture: Sbonelo Ngcobo
Durban – A Durban man serving a life sentence for the murder of prominent IFP leader Thomas Mandla Shabalala has approached the Durban High Court for leave to appeal against his conviction, as he claims there is new evidence that will clear his name.
Nkosinathi Chiya, 29, has spent seven years in Westville Prison after he was sentenced in 2006. He claims he was wrongly convicted because police were desperate to solve Shabalala’s murder case.
Chiya now has sworn statements implicating four people, including a relative of the murdered man.
And an affidavit by a Port Shepstone sangoma, Dorothy Nokuthula Mhlongo, has also introduced new suspects.
It is believed Chiya’s new evidence is a suicide note left by a man who apparently confessed to the murder.
Chiya, who is represented by attorney Lindokuhle Mdletshe and advocate William Nicholson, on Tuesday appeared before Judge Ron McLaren, who sentenced him in 2006.
The judge postponed the appeal application to Thursday as he, prosecutor Bheki Manyathi, and Chiya’s defence team would meet on Wednesday to reconstruct the details of the trial and conviction.
However, details of the conviction and evidence led during the trial disappeared from the computer system before it was transcribed as a result of a computer crash. Only information about the sentencing was available.
Only Judge McLaren had handwritten notes from the trial and verdict, and these would be used to reconstruct the outcome of the trial.
A handful of IFP supporters, some wearing red T-shirts with, “Innocent but behind bars” printed on the front, were outside the court to support Chiya. They said Chiya was an IFP supporter who was close to Shabalala.
The courtroom was packed with IFP supporters. Chiya’s mother, Nombuso Chiya, and Derrick Mdluli of the Justice for Prisoners and Detainees Trust were also there.
Mdluli helped Chiya to refer the matter back to court for the appeal.
In his affidavit, Chiya claimed that in 2008 three policemen visited him in prison to tell him that they had new evidence.
“I was shocked to receive such news, as I knew all along that I had been convicted for a crime that I did not commit,” Chiya said.
He said that after the visit he approached Mdluli for help. Mdluli said the outcome of Chiya’s appeal would prove that there were many people serving sentences for crimes they had not committed.
“This boy confessed after police had assaulted him. The confession should either be done at the magistrate’s court or by a police officer not involved in the investigation,” he said.
The IFP chairwoman in Durban, Thokozani Gumede, said her party had always believed Chiya was innocent.
“The outcome of this would prove that our judicial system is short of necessary skills,” said Gumede.
Mdletshe said Chiya would be cleared as there was new evidence which had not been made available during the trial.
“We believe that this new evidence will change the verdict.
“It will be up to the police whether they make a new arrest. Our only concern is to free our client,” said Mdletshe.
The Mercury
