Judge Ratha Mokgoatlheng took a strong stance against perceived delay tactics by state witness, Zandie Khumalo, during the Senzo Meyiwa murder trial proceedings at the Pretoria High Court on Wednesday.
The incident occurred when Zandie Khumalo failed to return to the stand promptly after the court adjourned for lunch when her cross-examination was scheduled to take place.
State advocate George Baloyi informed the court that they were still addressing issues related to Khumalo’s accommodation and requested a postponement.
However, upon her return to the stand, it was revealed that Zandie Khumalo was also unwell.
Judge Mokgoatlheng questioned whether the request for a postponement was due to her illness or the accommodation issue, to which Baloyi acknowledged the accommodation problem but emphasised that the delay was primarily due to Zandie Khumalo’s illness.
“What’s wrong with you?”
“I have a pain in my chest,” Zandie Khumalo replied.
Expressing his dissatisfaction, Mokgoatlheng admonished the witness for causing unnecessary delays in the court proceedings. He cited a similar incident from his past experience, where an accused person fell ill just before their cross-examination.
In that instance, he said he arranged for a private doctor to examine the individual at his own expense, only to find that the accused was merely stressed about the trial. Despite the circumstances, the trial continued as scheduled.
“Let me tell you what I once did… about 15 years back. I had accused who came to court and one of them suddenly got sick because they were supposed to be cross-examined. He said he had some problems physically and I said the prosecutor must get in touch with the district surgeon, but the district surgeon was somewhere else.
“Then I was told they can’t get a private doctor, they said in terms of government regulations we can’t hire a private doctor because you have to first do three quotations from different doctors and take the cheapest one.
“Guess what I did? I got a private doctor to examine the gentleman and I undertook him to pay. The private doctor examined this gentleman and pronounced that he is just stressed because he is undergoing a trial, but after that, the case went on.”
Judge Mokgoatlheng’s firm response to the situation underscored his zero tolerance toward behaviour that disrupts court proceedings.
Baloyi assured the court that there would be no further delays going forward.
Baloyi said: “I am certain my lord, from tomorrow onwards there won’t be any further delays of this nature.”
The trial has been postponed overnight.
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