Sindiso Magaqa murder: State wants one of the accused's lawyers to recuse himself

The state in the murder case of former African National Congress Youth League (ANCYL) secretary general, Sindiso Magaqa, has argued that one of the three lawyers should withdraw from the matter due to conflict of interest.

Advocate Shane Matthews previously represented Sibusiso Ncengwa, who has since pleaded guilty to the charges and is now the lawyer for accused 2, Mbulelo Mpofana.

The prosecution believes there will be conflict in the trial proceedings as Ncengwa is now the key witness.

The matter was heard in the Pietermaritzburg High Court on Monday.

In July this year, the hitmen in the Magaqa murder case, Ncengwa, pleaded guilty to shooting the young politician and his colleagues, councillors Nontsikelelo Mafa and Jabulile Msiya.

He was sentenced to 25 years in prison.

However, he has now turned state witness and will be called to testify in the high-profile murder case.

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"In view of the fact that you were once represented by Ncengwa in this matter, you've taken instructions, you've proceeded, and we've called witnesses in this matter. Ncengwa now is going to be a state witness after he has made 220 admissions," said state prosecutor, Advocate Lawrence Gcaba.

Gcaba added that Matthews should consider dropping this case.

"Therefore, please can we call the matter closer in court so as to allow you to withdraw as attorney or council on record and have somebody appointed for Mr Myeza for today."

The matter has been postponed to 6 November for the state to file an application for Matthew's withdrawal.