MIDDELBURG – The state claims it can prove that Nqubeko Mchunu, accused of killing a Steve Tshwete municipal worker Tshepo Maseko, misled the court by claiming he acted in self-defence when he shot at municipal employees on August 17, 2022.
Tshepo Maseko succumbed to gunshot wounds, while three others were seriously injured during a confrontation with Mchunu, a member of PPP Security and VIP, amid a wage strike. Maseko died at the scene, while the injured were hospitalised for treatment.
During cross-examination on Friday, February 21, 2025, Mchunu testified that he fired five shots at the employees after realising his life was in danger.
He claimed that three employees charged at him in close proximity, attempting to disarm him. “They came towards me, very close. Two carried stones and one carried a bottle,” he said.
He explained that he retreated backwards when one of them tried to grab his service rifle. “One of the employees threw a stone which missed me and hit a fence,” he added.
“I fired a shot at them to defend myself because all of them were fighting me. They were ganging up against me. I was scared because I knew that if they succeeded in disarming me, they would kill me because the rifle had ammunition,” he continued.
Mchunu further testified that the incident occurred on the pavement before the stairs leading to the sliding door of the second guard room, and after firing, he turned and moved towards the guard room. “I then saw others [employees], one carrying a stone and another a firearm, approaching. I fired more shots to try to stop them,” he said.
The state asked why he did not fire warning shots. “There was no time for that because of the situation I was in. I was concerned,” he replied.
However, the state rejected Mchunu’s claim of self-defence, presenting video footage accepted as evidence. According to the prosecutor, the footage shows that Mchunu was not in danger and that there was sufficient space between him and the employees, contradicting his claim that they were very close. The video footage, which captures Mchunu’s position during and after the shooting, is set to be viewed in court on Monday, February 24.
“The witnesses testified that they were about 5 metres away from you, not as close as you said they were, 2 to 3 metres,” said the state prosecutor.
“It is from the very same cellphone footage that we saw that after firing a shot at the three people who were in front of you, 5 metres away, you turned towards the stop sign and fired shots. You turned while still standing in the same position,” the prosecutor added.
A municipal employee, speaking on condition of anonymity, expressed suspicions that Mchunu had a list of specific employees he was instructed to target. “But moreover, we [employees] want to know who gave Mchunu those instructions,” he said.
Mchunu was arrested the following day, August 18, 2022, on charges of murder and three counts of attempted murder. He appeared in court on August 19, 2022 and was granted R10 000 bail in September 2022. The proceedings continued until March 9, 2023, after which Mchunu failed to return to court.
The case was postponed to April 11, 2023, and a warrant for his arrest was issued. Despite attempts by police, Mchunu remained at large until he was re-arrested in Soweto, Gauteng, on Friday, May 03, 2024.
