Pete Mihalik murder: 3 accused to go on trial in High Court in November
12 August 2019
The three men accused of murdering advocate Pete Mihalik last year have a date with the Western Cape High Court in November, it emerged on Monday.
Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti were supposed to appear in the Cape Town Magistrate's Court on Monday for their case to be officially transferred to the High Court.
However, prosecutor Greg Wolmarans explained that they were absent as there had been a breakdown in communication for arrangements to bring the three from their different prisons.
They are being held at the Malmesbury, Allandale and Drakenstein prisons.
Wolmarans said the transfer documents were ready, but he wanted a provisional postponement date so the accused could be present.
"It's perhaps slightly undesirable to do these 'divorce' proceedings in the absence of the accused."
The case will return to the Magistrate's Court next Tuesday. Wolmarans said the accused would have their first pre-trial conference in the High Court on November 29.
A trial date has not yet been set.
The three are accused of killing Mihalik while he was dropping off his children at Reddam House Atlantic Seaboard School in Green Point, Cape Town, on October 30, 2018.
They also face charges of attempted murder and the possession of an unlicensed firearm and ammunition in connection with what may have been a hit on Mihalik.
According to the prosecution's evidence, Biyela and Khumalo were brought to Cape Town from KwaZulu-Natal to carry out a hit, allegedly instructed by Maliti.
The three, together with a fourth unidentified suspect, allegedly travelled in two cars - a VW Polo and a Renault Clio.
Both vehicles were spotted on CCTV footage in the area a day before Mihalik was killed, as well as the morning of the fatal shooting, the court heard previously.
Khumalo was arrested less than an hour after Mihalik was gunned down when a traffic officer pulled over the Clio he was driving and the VW Polo behind him for not stopping at a stop sign.
Mihalik had a diverse client list, from property mogul Jason Rohde, who was found guilty of the murder of his wife Susan, to businessman and alleged Cape Town underworld figure Nafiz Modack, who is currently on trial in an extortion case.
At their appearance last month, the court denied them bail.
Magistrate Greg Jacobs said at the time: "There is prima facie evidence before this court that all three accused participated in the well-organised and meticulous planning of the killing of advocate Pete Mihalik."
He also found that in their affidavits, the accused failed to show "exceptional circumstances in order to be released on bail".