Lungani Xaba.
Durban — The Pinetown Magistrate’s Court will begin hearing the murder trial against a police constable alleged to have beaten his mother, killing her, in the coming days.
Former KwaDabeka SAPS constable Lungisani Xaba appeared in the Pinetown Magistrate’s Court recently where a date was set for his trial to be heard.
“As the days draw nearer I don’t know what to expect because there have been many delays.
“I am hoping that on the day the trial does get under way so that we can begin to have closure,” Xaba’s sister Andile said on Wednesday.
“Due to the trial taking so long to finally start, at the back of my mind, I have this fear that he may still get out. When the trial starts, it will begin to feel real,” Andile added.
Greta Xaba, 81, was assaulted on May 7, 2022, allegedly by Lungisani Xaba, who was charged with assault with intent to cause grievous bodily harm. However, the charge was changed to murder on May 8 after Xaba’s mother died.
Xaba had before his arrest been working at the KwaDabeka police station since 2010 and had been living in KwaDabeka with his mother and cousin as well as her child. His children live with their mothers.
It’s alleged that on the day of the assault on Xaba’s mother, a witness in the matter went to the KwaDabeka police station to report that the elderly woman was being assaulted.
It’s alleged that when police arrived they found Xaba.
It is also alleged that Xaba had been reported at the KwaDabeka police station on numerous occasions for assaulting his mother.
Andile said this was not the first time that her brother had been in the dock as a murder accused.
In the past, he was acquitted of murder after it was found that he acted in self-defence after shooting his girlfriend’s son in 2015 using his service pistol.
“He has also pointed his firearm at my mother in the past; he was problematic towards my mother.
“On the day he beat her, he told the child who was with my mother looking after her that he would see a movie for free that day …
“My mother became wheelchair-bound after suffering a stroke. She couldn’t move. I always imagine what she went through, unable to run from the attack,” said Andile.
Xaba has been behind bars since his arrest in May 2022 after being refused bail twice.
He has changed lawyers five times since making his first appearance in court.
In July 2022, following his arrest, he was refused bail in the district court.
One of the reasons the magistrate cited in refusing Xaba bail was that the investigating officer had told the court that Xaba was familiar with some of the State witnesses, and the testimony they were expected to give.
But in Xaba’s affidavit, he was adamant that he did not know the witnesses.
The following year, in March, Xaba again applied for bail based on new facts. However, Magistrate Wendalynn Robinson ruled that the facts that he had presented to the court could not be considered new and were not enough for her to change her initial decision to refuse him bail.
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