The Johannesburg High Court has dismissed an application by accused number five, Nthabiseng Nzama, to be excused from attending portions of an ongoing trial in which evidence unrelated to the charges she faces is being presented.
Nzama is the fifth accused in the murder case involving alleged criminal boss and controversial businessman Vusimuzi “Cat” Matlala and his wife.
Attending daily would put strain on her education
In an affidavit filed before the court, Nzama said she is a student and that being required to attend court every day while evidence unrelated to her charges is heard places an unnecessary burden on her education without advancing the interests of justice.
She stated that her legal representative would continue attending the proceedings on her behalf and that she was only seeking to be excused during portions of the trial that do not involve the charges against her.
Advocate Timothy Chauke, representing Nzama, argued that his client is charged with only three counts and that the state has not yet reached the stage where it will call witnesses relating to those charges.
Presiding Judge Cassim Moosa questioned why the issue had not been addressed during pre-trial proceedings.
“Was this not canvassed during the pre-trial? Were you not aware that the state would be calling 48 witnesses?” the judge asked.
Prosecution did not oppose the application
State prosecutor Advocate Elize le Roux informed the court that the prosecution did not oppose the application. Legal representatives for the other accused also indicated that they had no objection.
Despite the lack of opposition, Judge Moosa ruled that the application did not satisfy the legal requirements set out in Section 159.
“Having carefully considered the application before the court, it does not meet the necessary threshold as set out in Section 159, despite the concession of the State,” Judge Moosa said.
“It is ordered that the application for the relief sought by accused number five be hereby refused.”
ALSO READ: Dramatic turn in Cat Matlala case as trial within a trial ensues
- The Johannesburg High Court dismissed Nthabiseng Nzama's request to be excused from portions of a trial involving unrelated evidence.
- Nzama, accused number five, argued daily attendance would disrupt her education without aiding justice.
- Her lawyer noted she faces only three charges, and witnesses for these had not yet been called.
- The prosecution and other accused's legal teams did not oppose her application.
- Judge Cassim Moosa ruled the application did not meet legal requirements and refused it.
Nzama is the fifth accused in the murder case involving alleged criminal boss and controversial businessman Vusimuzi "Cat" Matlala and his wife.
In an affidavit filed before the court, Nzama said she is a student and that being required to attend court every day while evidence unrelated to her charges is heard places an unnecessary burden on her education without advancing the interests of justice.
Advocate
"Was this not canvassed during the pre-trial? Were you not aware that the state would be calling 48 witnesses?" the judge asked.
State prosecutor Advocate Elize le Roux informed the court that the prosecution did not oppose the application. Legal representatives for the other accused also indicated that they had no objection.
Despite the lack of opposition, Judge Moosa ruled that the application did not satisfy the legal requirements set out in Section 159.
"
"It is ordered that the application for the relief sought by accused number five be hereby refused."
ALSO READ: Dramatic turn in Cat Matlala case as trial within a trial ensues
