Defence Seeks Withdrawal of Charges in Mahungela Case After Undisclosed DNA Evidence Emerges

Defence calls for charges to be withdrawn in Bafana Mahungela case amid DNA Dldiscrepancies

The legal representatives of Bafana Mahungela, currently facing trial in the South Gauteng High Court, have submitted formal representations to the Director of Public Prosecutions requesting that charges against their client be withdrawn to allow for further investigation.

Mahungela is facing serious charges related to a case registered in Sandton under CAS 797/10/2023. The matter was postponed to 14 May 2025 for the defence to confirm trial readiness, following the disclosure of police docket contents and additional evidentiary material on 14 April 2025.

According to the defence team, critical DNA evidence was not disclosed during earlier bail proceedings, despite being available as early as 22 December 2023. During those proceedings, prosecutors had opposed Mahungela’s release, citing pending forensic analysis and post-mortem findings. The bail hearing attracted notable media attention.

The newly disclosed DNA evidence, however, reportedly does not link Mahungela to the crime scene. Swabs taken from the deceased’s hands and under her fingernails instead point to a physical confrontation with another female individual at or near the time of death.

Despite the significance of these findings, the defence argues that the prosecution failed to present the DNA results during bail proceedings or to disclose them during pre-trial engagements. Even during an appearance on 23 February 2025, prosecutors allegedly stated they were unaware of the DNA results but would follow up.

“The DNA evidence introduces a new line of inquiry that must be fully explored in the interest of justice,” the defence wrote in their submission. “We are therefore requesting that the charges be withdrawn pending a proper investigation into the implications of this evidence.”

Mahungela, described by his lawyers as a student with no flight risk, has expressed willingness to cooperate fully with investigators should the charges be withdrawn.

The National Prosecuting Authority has not yet issued a formal response to the representations.