George Tsautse has admitted that he fired the gunshots that led to the death of socialite Mluleki Mbewana, but denied the State’s allegation that the killing was premeditated. Picture: Bongani Mbatha/African News Agency(ANA)
Durban - “Businessman” George Tsautse has admitted at the Durban Magistrate’s Court that he fired gunshots that led to the death of socialite Mluleki Mbewana, but denied the State’s allegation that the killing was premeditated.
He also confirmed on Thursday during the bail application that the quarrel outside Rich nightclub between himself and Mbewana, 32, a senior engineer at King Cetshwayo District Municipality and ANC Youth League activist, was over women.
Tsautse, 30, said he fired a shot at Mbewana to defend himself as the deceased posed a threat to his life. He apologised and expressed regret that the shooting led to Mbewana’s death.
The incident occurred when a group of fun lovers were leaving the club around midnight in September.
Tsautse told the court he owned multiple businesses, including an investment company, which is involved in Forex exchange.
He also owns hair salons, has a livestock farming business and two taverns.
He is facing a charge of murder under schedule six, which carries a life sentence. The murder charge was raised from schedule five after the police collected more evidence.
He is also facing other charges relating to the discharging of a firearm in public and of being in possession of a firearm without a licence.
The police have not recovered the murder weapon despite questioning Tsautse about it.
State prosecutor Nhlanhla Shange told magistrate Melanie de Jager on October 20 that soon after the shooting, Tsautse disappeared to Joburg and laid low at his R40 000 a month rented house in Sandton.
He returned to Durban and his lawyers handed him over at Sydenham police station on October 6. Since then, he has been in detention, awaiting bail.
On Thursday, his lawyer Sydney Albert read his bail application affidavit in front of a packed courtroom.
Shange also called investigating officer Captain Mjabulelwa Thabethe to the witness stand to be cross examined regarding Tsautse’s credibility to return to court for trial if bail was granted.
Albert insisted that Tsautse was provoked by Mbewana and his friends, which led to the shooting in the parking area of Umgeni Business Park where the club is situated
Albert said before the club closed for the night at about midnight, Tsautse bought expensive alcohol for two women who were seated with him at the VIP table.
However, later, Mbewana and his companions showed interest in the two women and wanted to leave with them.
Tsautse said his group of friends quarrelled with Mbewana’s group over the women. He later went to the toilet only to return to find the women were leaving with Mbewana.
He followed them to the parking area where he found them already inside Mbewana’s BMW X4.
“I banged on the cars (the BMW and a VW Polo belonging to one of Mbewana’s friends) with my right hand, while questioning why the women were leaving with other men, this after I spent money buying them drinks,” says Tsautse’s affidavit.
He said Mbewana and his friends reacted by mocking and humiliating him, then they became violent and threatened his life and that of his friends.
He said he then went to his car to get a firearm, and fired three warning shots to stop Mbewana and his friends from advancing towards him.
He said on hearing gunshots, other people ran for cover, but Mbewana continued to advance towards him, which is when he fired more shots.
While on the witness stand, Thabethe told the court that according to the post-mortem report Mbewana, who died on arrival at the St Augustine’s Hospital, was hit by one bullet to the chest.
In opposing bail, Thabethe cast doubts on whether Tsautse was indeed a businessman. He said his investigation could not find any company registration or tax number linking the accused to any business.
He said although Tsautse disclosed that he was renting two houses on Old Main Road and Bromhead Road in Kloof, outside Durban, which he intended to buy, he declined to reveal the owners of the houses.
Thabethe said Tsautse did not disclose that he also rented another house in Sandton, until he discovered this property while profiling the accused.
He said when he and other police officers attempted to find the murder weapon at the Old Main Road house, they found boxes filled with Tsautse’s clothes stashed in the roof of a garage.
He said there were no clothes in the house except a tracksuit, a Gucci bag and a hat found in one of the rooms.
Thabethe said there were no lease agreements for the rented houses nor evidence of how much he was renting them for. He said there was risk that if he were evicted from the houses he would disappear without a trace.
“I don’t know where I would find him if he is released on bail,” said Thabethe.
The bail hearing will continue on Wednesday.