Lawyer’s assault causes further delay in long-running ATM robbery case at Pinetown Court. Picture Credit: Flickr
By Aisha Zardad
Pinetown — The Pinetown Regional Court has postponed the sentencing of three men convicted of attempted murder and ATM robberies for the fourth time, following an unexpected incident involving one of their lawyers.
The latest delay occurred on Wednesday after Cebo Mendlula, the defence attorney for Sthabiso Thusi, was reportedly robbed and assaulted, leaving him unable to attend the hearing.
The trio — Thusi, Scelokwakhe Xulu, and Nkosingiphile Gumede — were convicted for a series of violent robberies in 2020, targeting individuals withdrawing large sums of money from ATMs. The case has faced repeated delays since their convictions by Magistrate Muntukayise Khumalo.
Earlier adjournments were caused by a combination of factors. Xulu requested a pre-sentence report before proceedings could begin, and Thusi’s lawyer was absent at a subsequent hearing due to a family bereavement. In January 2026, the matter again could not proceed as Xulu’s pre-sentence report was still pending.
On Wednesday, senior prosecutor Advocate Elvis Gcweka informed the court that the outstanding report was now ready and that probation officer Zandile Khoza was present. However, Mendlula’s absence due to the assault meant the sentencing could not continue. “He sent messages this morning stating he had been robbed and severely beaten and included photos of the incident,” Gcweka explained. The matter was rescheduled to continue next week.
The accused were originally apprehended by the Political Killings Task Team (PKTT) during investigations into the murder of ANC councillor Sibusiso Maphumulo. Evidence presented during the trial showed that Gumede’s 9mm Girsan firearm — used in the ATM robberies — was the same weapon linked to the murders of Maphumulo in October 2018, Lungelo Hadebe in November 2018, and Sanele Sanga in May 2019.
Gumede was subsequently sentenced in December 2022 to three life terms for those murders at the Durban High Court. Complaints from the trio during the current sentencing process were dismissed, clearing the way for the delayed proceedings to continue once Mendlula is able to attend.
The court has now set the matter to resume next week, bringing anticipation that the long-delayed sentencing will finally be concluded.
