Mbabane – The High Court has acquitted Fana Vusi Mbatha, Ndumiso Fakudze, and Simphiwe Shoulder in the 2023 murder of Hlane Game Reserve Chief Game Ranger George Mbatha, ruling that the Crown failed to prove the case beyond reasonable doubt despite circumstantial evidence, alleged admissions, and a claimed dying declaration.
Delivering judgment on 29 June 2026 in Case No. 193/2023, Judge BW Magagula found that while George Mbatha was unlawfully killed by gunshot wounds, the prosecution did not prove that Fana Vusi Mbatha (1st accused), his son and fellow game ranger, or Ndumiso Fakudze (2nd accused) participated in the killing, either individually or under a common purpose. Simphiwe Shoulder (3rd accused) had already been discharged at the close of the Crown’s case after no evidence linked him to the offence.
All three accused had pleaded not guilty to murder arising from the shooting of George Mbatha on 6 March 2023 at his residence within Hlane Game Reserve in the Lubombo Region. The deceased was the Chief Game Ranger and senior employee at the reserve, while the 1st accused also worked there as a game ranger holding the rank of sergeant.
The Crown called 11 witnesses and relied on circumstantial evidence, alleged motive linked to family disputes, disputed admissions, and statements allegedly made by the deceased before his death.
A key witness was Mfanzile Sgubhu Fakudze, father of the 2nd accused, Ndumiso Fakudze. He testified that days after the incident, his son came to his home and asked him to accompany him to the police. Fakudze said the 2nd accused told him he was involved in the killing of George Mbatha, that his services had been “sourced” by the deceased’s son, and that two people were involved in the shooting. He further testified that the 2nd accused said a firearm was used and that it had been obtained from Dumakude Gift Nxumalo, while also referring to a person with the surname Shoulder.
Under cross-examination, Fakudze maintained that his son had confirmed involvement in the killing, despite defence challenges that he had only said he was being linked to the case.
Another key witness, Cedrick Gumede, a game ranger at Hlane, testified that on the evening of 6 March 2023 he heard two gunshots near the deceased’s residence shortly after receiving operational instructions from George Mbatha. Fakudze said he found the deceased lying in a pool of blood inside his home. According to Gumedze, the deceased stated that he had been shot and identified “Fana” as one of the attackers and specified that it was his son. This evidence was relied upon by the Crown as a dying declaration.
Gumedze further testified that the deceased sustained gunshot wounds to the neck and left scapula and was later transported to medical facilities where he subsequently died.
Dr Swapnika Enugala’s post-mortem report confirmed that George Mbatha died from multiple gunshot wounds.
However, forensic ballistic evidence led by Detective Sergeant Siboniso W. Simelane proved decisive. The expert testified that the CZ 75 pistol linked to the case did not fire the bullets recovered from the deceased’s body. The Court noted that this conclusion, based on scientific examination, eliminated the only firearm connected to the accused persons.
The State argued that another unidentified firearm must have been used, but the Court rejected this as speculation not supported by evidence, noting that the murder weapon was never recovered and no forensic trail linked any firearm to the fatal shots.
The 1st and 2nd accused each testified in their defence and denied involvement in the killing. The 3rd accused, Simphiwe Shoulder, was acquitted and discharged at the close of the Crown’s case after no evidence was led implicating him.
The trial was presided over by Judge BW Magagula and heard over multiple dates between February 2025 and June 2026.
The accused were represented by Miss Hlophe for the 1st accused, Mr Nxumalo for the 2nd accused (and later also for the 3rd accused after the withdrawal of pro deo counsel Mr Ndzinisa), while the Crown was led by Director of Public Prosecutions Mr Mdluli.
The Crown’s case also relied on alleged statements made by the deceased to other witnesses suggesting a plot involving family members. The Court ruled that these statements constituted inadmissible hearsay, as no exception to the hearsay rule was established and the deceased was not available for cross-examination.
Once excluded, the evidential foundation for an alleged assassination plot was significantly weakened.
The Crown further relied on the doctrine of common purpose, arguing that the accused acted together in planning and executing the murder. However, the Court found no admissible evidence of prior agreement, shared intent, or active participation. The acquittal of the 3rd accused further weakened this theory.
Judge Magagula noted several investigative shortcomings, including the failure to recover the murder weapon, absence of cellphone data, lack of call records, no DNA evidence, no fingerprint evidence, and no gunshot residue analysis linking any accused to the scene.
The Court stated that while these gaps did not automatically determine the outcome, they were critical in a case dependent entirely on circumstantial evidence.
The Court found that although the evidence raised suspicion particularly given family tensions within the Mbatha household it did not exclude reasonable inferences of innocence.
Judge Magagula held that criminal conviction requires proof beyond reasonable doubt and not suspicion, motive, or conjecture. The Court also ruled that alleged weaknesses in the accused persons’ testimony could not fill gaps in the prosecution case.
The Court emphasized that rejecting the accused’s versions did not automatically justify conviction, and that the State retained the burden of proof throughout.
Discussion about this post