The Mpumalanga High Court in Mbombela has provisionally withdrawn the case against four men who were accused of the murder of Hillary Gardee. Hillary, who was the daughter of former EFF secretary-general Godrich Gardee, went missing after going to a shopping centre in Mbombela a year ago. Her body was found four days later with injuries to the head.  

WITNESS MISSING  

The matter was provisionally withdrawn after the State Prosecutor told the court that a witness couldn't be found. Sipho Mkhatshwa, Philemon Lukhele, Albert Gama and Hlabirwa Rassie Nkuna appeared in court on Tuesday but the trial was postponed to today. The defense for three of the four accused, had applied for a postponement for representations to the Director of Public Prosecutions to withdraw all charges leveled against the three accused. Judge President Francis Legodi denied the postponement, and the state argued that it was ready for trial.  

MURDER CHARGES 

The four were charged with kidnapping, rape and murder. Nkuna, who confessed to killing Gardee, is also facing other murder charges, including that of a police officer and his sister on May 15, 2022. Nkuna confessed that he was solely responsible for Gardee's murder and used a police firearm he stole from his cop victim to kill her. Nkuna admitted that he had used a 9mm PX4 pistol that he had earlier robbed from a traffic officer in Kanyamazane near Mbombela. In his confession Nkuna did not mention the three other accused but maintained that this was solely his doing. The other accused maintained their innocence, claiming that they had nothing to do with the murder. In a statement, the EFF said it was disturbed by the decision by the National Prosecuting Authority (NPA) to withdraw the charges against the four accused. "The NPA cannot find the witness to testify at the trial which is yet another shocking display of the lack of coherence and seriousness in GBV matters." the party said.