Trial commenced on the 31st of July 2017 in Johannesburg High Court. Themba is charged with Murder, obstructing and defeating the ends of justice, violation of a corpse and possession of unlicensed firearm. He pleaded guilty on one count which is a violation of a corpse, the state did not accept his statement due to the fact that it was not in accordance with the facts to be proved by the state, however brought an application for the statement to be accepted as admission. He pleaded not guilty on other counts.
Siyabonga Lituka testified on behalf of the state as to what happened when he last saw Zestah. During cross examination the defence was trying to dispute the element of intention because it was the accused version that they had a fight with the deceased when they arrived at their place of residence and as a result of his anger he could not remember what happened and how he ended up chocking the deceased.