Tuesday, May 26, 2026

Legal Aid is refusing to fund a ballistics expert for a man accused of killing a nursing mother

Date:

Overview of the Case

A truck driver named Phiwinhlanhla Nzama is facing serious charges after a violent incident in April 2024. He is accused of killing two people and is currently waiting for his trial to begin.

Who Is Involved?

  • Phiwinhlanhla Nzama – 46‑year‑old truck driver, the accused.
  • Phindile Nicole Kubone – woman who was breastfeeding her toddler when she was shot.
  • Ntobeko Eugene Mhlungu – Kubone’s partner, also shot and killed.
  • Patric Mkhumbuzi – lawyer representing Nzama.
  • Justice Bruce Bedderson – judge overseeing the case in Durban High Court.
  • Krishen Shah – senior prosecutor.
  • Pragasen Marimuthu – senior lawyer at Legal Aid South Africa.

What Happened?

On April 13, 2024, Kubone went to Nzama’s room to borrow money. They shared a brief, intimate moment, but she did not receive the cash. The next day, Nzama accused Kubone and her boyfriend of stealing money from his room.

In the early hours of April 14, Nzama allegedly took his licensed 9 mm pistol, entered Kubone’s room while she was sleeping with her almost‑two‑year‑old daughter, pointed the gun at her head, and fired once—killing her while she was breastfeeding.

As he fled, Nzama reportedly encountered Mhlungu returning to the room and shot him twice in the head and chest. Both victims died at the scene.

The murder weapon was later said to have been buried in a goat kraal on Nzama’s homestead in Kranskop. Ballistics reports link bullets found at the crime scene to Nzama’s licensed firearm. The couple’s daughter, who was nearly two at the time, is now almost four years old.

Legal Aid’s Decision on Ballistics Expert

During a court appearance, lawyer Patric Mkhumbuzi told the judge that Legal Aid South Africa had refused to fund a ballistics expert for Nzama’s defense. He said the request was denied without any explanation.

After a meeting in chambers between Justice Bedderson and Pragasen Marimuthu (Mkhumbuzi’s superior), the judge stated that Legal Aid had reviewed the request and concluded that an expert would not help the case. Marimuthu was asked to prepare an affidavit explaining why the expert was deemed unnecessary.

Court Proceedings So Far

  • Nzama appeared briefly in Durban High Court on a Thursday and was charged with two counts of murder.
  • The trial has already been postponed three times.
  • Justice Bedderson warned that further delays would not be accepted on flimsy grounds.
  • He also told Nzama that if he does not want to continue with Mkhumbuzi, he may have to represent himself.
  • Prosecutor Krishen Shah requested an adjournment until April 28 to allow Legal Aid to file the affidavit about the expert refusal.
  • The judge indicated that the trial could start as early as May 4 if no further delays are granted.

Why Ballistics Expert Matters

A ballistics expert can analyze bullet trajectories, gunpowder residue, and match ammunition to a specific weapon. In this case, such testimony could either support the prosecution’s claim that Nzama’s gun fired the fatal shots or help the defense challenge that link. The refusal to fund this expert has raised questions about whether Nzama will have a fair chance to contest the forensic evidence.

Impact on the Victims’ Family

The families of Kubone and Mhlungu have expressed shock and grief, especially after Nzama was granted bail of R5,000 by the Pinetown Magistrates Court. They continue to seek justice for the loss of their loved ones and the trauma inflicted on the surviving child, who now grows up without her mother.

Conclusion

The case against Phiwinhlanhla Nzama is moving forward, with key decisions about expert witnesses shaping how the trial will unfold. As the court prepares for a possible start in early May, both sides are gathering their arguments. The outcome will not only determine Nzama’s legal fate but also bring a measure of closure to a community still mourning the violent loss of two young lives.

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