The latest round of cross-examinations in the German tourist Jörg Schnarr’s murder trial revealed cracks in the state’s case.
Contradictions in the Mpumalanga High Court, particularly regarding the pointing out conducted by Colonel Moses Thobela with the first accused, Napoleon Joseph Nyalungu, suggest the investigation and arrests may have been rushed.
Murder ‘to settle debt’ tarnishes SA tourism’s reputation
Nyalungu and his co-accused, Marshall Cebo Mamba and Bongumusa Fortunate Matsane, face charges of murder, attempted murder, attempted robbery with aggravating circumstances, contravention of the Firearms Control Act 60 of 2000 for the unlawful possession of ammunition, and contravention of the Riotous Assemblies Act 17 of 1956 for conspiring to commit robbery with aggravating circumstances.
According to the summary of substantial facts, at about 16:00 on October 3, 2022, the accused, driving a Volkswagen Golf, intercepted the minibus carrying elderly German tourists Schnarr, his wife Verra, Andrea Nuchter, and her husband Reiner as they travelled towards a lodge on the Numbi road.
The suspects allegedly forced the tourists off the road. Jörg, who was driving the minibus, attempted to reverse when two men exited the VW Golf, aimed firearms at the group, and fired shots.
Jörg was struck by a bullet in the upper body, causing him to lose control of the minibus, which reversed into the Hero’s Academy school wall nearby. He died instantly, and the accused fled the scene empty-handed.
In the days following the incident, Nyalungu allegedly sold or exchanged the vehicle used in the crime to pay off his debt to a certain Sifiso Shabangu.
Pressure on police
Regardless of the motive, the crime had far-reaching consequences. Tourism is one of South Africa’s key economic drivers, and as news of the murder spread globally, pressure mounted on the police to make swift arrests.
Top officials, including former police minister Bheki Cele, national police commissioner General Fanie Masemola, Mpumalanga police commissioner Lieutenant General Semakaleng Manamela, and the MEC for Community Safety, Security and Liaison, Vusi Shongwe, visited the scene on October 5, 2022, two days after the killing.
While the American Embassy warned its citizens to avoid the Numbi Gate when visiting the Kruger National Park, then Tourism minister Lindiwe Sisulu condemned the crime and called on law enforcement to act. Her department even considered closing Numbi Gate.
Contradictions in court
Although the arrests of the three suspects shortly after ‘this callous act’ may have restored public confidence locally and abroad, recent contradictions in court have cast doubt on the likelihood of successful convictions.
During the last two sittings, Nyalungu’s private defence attorney Amos Kumalo highlighted several apparent discrepancies in the testimony given by police officers and eyewitnesses, particularly concerning the pointing out with Nyalungu on October 22, 2022.
The first issue concerned who handed Nyalungu over to Thobela for the pointing out. While Thobela claimed Nyalungu was handed over by Constable Magumane, Kumalo argued that Magumane’s testimony indicated Nyalungu was taken to a Captain Mabuza instead. This raised questions about the legitimacy of the pointing out.
The next issue was the location of the pointing out. Based on discrepancies between Thobela’s notes and photographic evidence, Kumalo argued that the pointing out took place at a location different from the crime scene.
According to the indictment, the German tourists’ minibus reversed into a wall at Hero’s Academy school. However, the school was absent from the photos taken during the pointing out with Nyalungu. Thobela eventually admitted that his photographer had let him down.
Another point of contention was a page from Thobela’s notes on Hero’s Academy. Kumalo claimed the defence only received the page on Friday morning, suggesting it may not have been part of the original docket and could have been fraudulently added later. However, state prosecutor Fedile Tsotsetsi countered, stating that the page was part of the original docket and that the mistake might have occurred during the copying process.
Kumalo also challenged the timeline of events, accusing Thobela of being ‘economical with the truth’. Thobela’s timeline differed from that of another police officer. He testified that although his phone was switched off and in his pocket during the pointing out, he used a digital wristwatch to record times. However, Kumalo noted that the watch was not visible in any of the photographs. Thobela again blamed the photographer for taking distant shots, prompting Kumalo to ask sarcastically if the photographer had also taken his watch.
Alleged coercion and potential delays
As in a previous session, Kumalo raised the issue of coercion, alleging that Nyalungu had been assaulted by two police officers before the pointing out. These officers, who were present during the pointing out, allegedly suffocated and choked Nyalungu with a plastic bag to force him to comply.
Kumalo further argued that Thobela had fabricated the answers on the pointing out form and had coerced Nyalungu into signing by threatening to hand him over to the officers outside if he refused.
Thobela dismissed these allegations as false.
Although the trial is nearing its conclusion, the prosecutor is scheduled to start another matter on Monday, potentially causing further delays.
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