Durban — A witness, who is also a taxi owner, has told the Durban High Court that he did not trust an SAPS investigating officer and that is why he did not reveal the identity of the gunmen who shot taxi owner Dustin Pillay, from Dolphin Taxi Association based in Shakaskraal, north of Durban.
Pillay was shot in September 2019 at a taxi rank. Cebo Xulu from St Michael Dephness and Thokozani Mthethwa from KwaNongoma are the two men accused of killing Pillay.
Another accused whom the State alleges drove the getaway car, Mfanufikile Dlamini, died while in custody. Xulu and Mthethwa are facing 18 charges which include murder, theft and conspiracy to commit murder.
The witness, who cannot be named to protect his identity, said in an incident before the killing of Pillay an investigating officer had come to charge him, but he explained to him that he was actually the victim but nothing was done about that.
He said when the same officer was on this matter he did not trust him; that is why he did not identify the accused.
Defence attorney, advocate GJ Leppan, asked the witness if the police did not ask him if he knew the gunmen.
“I don’t remember being asked this question,” said the witness.
He admitted in court that he deliberately withheld the information about who killed Pillay because he did not trust the police. He said Mhlongo, who owns a security company, was able to change his mind and he went to do a second statement where he revealed the identity of the accused.
He told the court that both the accused, including the one who died in custody, came in a Jeep and fired shots, injuring one bodyguard and killing Pillay. He said on the day of the incident he saw a white Jeep while they were at the taxi rank. He said the first time the Jeep passed by it reduced its speed and then it came back again to where they were.
He said the two men alighted from the vehicle and fired shots. He said as the shots were fired he grabbed Pillay to go down and he crawled running away. He said Pillay hid but the gunman found him and shot him at close range.
“Mthethwa alighted from the car and shot at the victim. Xulu fired shots in the direction in which we were running,” he said.
He said it was easy to identify the men as they hung out while drinking and that the first time they met they were in the company of David Richard, chairman of the Dolphin Taxi Association and Pillay.
Leppan told the witness that both the accused said they did not know him and had never met him. He said they also dispute that they were at the rank on the day of the incident.
The witness replied that this was shocking and insisted that the pair were the ones who came to attack them and killed Pillay.
The witness said he met the pair in 2017 in Ballito, north of Durban.
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