Morne Horn, a Cape Town law-enforcement officer, was charged with two counts of murder in October 2020 for the shooting and killing of an undercover police officer, Thandimfundo Sigcu, and suspect, Bongani Jack has gotten his judgment adjourned to November 18.
Horn pleaded not guilty during his trial. Said that around 9 pm, on January 7, 2020, while on duty, accompanied by a fellow officer, Lubabalo Blom, he shot at Sigcu who he mistook for a robber after he had seen his firearm.
During an encounter that took place on Heerengracht Street, Horn and Blom questioned Sigcu who tried to explain who he was and that he was arresting Jack for being in possession of drugs.
Sigcu died on the scene of the shooting as a result of a gunshot wound to the chest. The other shot hit Jack, who was admitted to the hospital and treated for a gunshot wound to the head but died 12 days later.
In his testimony, Horn said he shot at Sigcu in self-defense. Horn testified that he had been a law enforcement officer for two years and a few months when the incident occurred.
He said it was the first time that he had shot at a human being and did so because he thought Sigcu was going to shoot him and his partner.
A witness James August testified that he and his wife were coming from the parade where they saw Sigcu and Jack.
He said he and his wife were walking in the direction of Standard Bank when they saw Sigcu chasing Jack in a bid to arrest him.
“When they reached Standard Bank, Sigcu tripped Jack and he fell and a struggle ensued when Sigcu tried to handcuff Jack.
“A bakkie then pulled up and two men in uniform jumped out. One had a firearm in his hand and fired two shots. Sigcu’s firearm was tucked into his belt on the right side at his back.
“The law enforcement officer walked closer after he fired two shots and Jack and Sigcu were lying on the ground, he then kicked the firearm away,” said August.
August said he and his wife were about 8m from the scene and when being cross-examined he confirmed that Sigcu never had his firearm in his hand.
Prosecutor Maresa Engelbrecht told the court: “There is no corroboration before the court for Horn’s story that he acted in self-defense.
“None of the State witnesses saw Sigcu take his firearm out and point it at Horn. There was no threat to the accused or his partner, so he could not have acted in self-defense.”
Jovaza