The Pietermaritzburg High Court in KwaZulu-Natal has delivered a stern warning to former Umzimkhulu municipal manager Zweliphansi Skhosana, accusing him of repeatedly delaying the long-running murder trial linked to the assassination of former ANC Youth League secretary-general Sindiso Magaqa.
Judge Mluleki Chithi erupted in court on Monday after the matter had to be postponed once again when Skhosana sought time to orientate a new legal representative after parting ways with his previous lawyers.
The trial was expected to begin this week, but the court had to adjourn proceedings until June 3 for case management.
“There is nothing that this court can do but afford Skhosana his right to be legally represented,” Judge Chithi said before warning that the constitutional right could not be abused indefinitely.
“Once it becomes apparent to us as a court that the right is abused, it would be required for us to intervene.”
Numerous postponements
The National Prosecuting Authority decried the repeated delays in the matter, arguing that the case had already suffered numerous postponements because of changes in legal teams, and ultimately conceding that the matter could not proceed under the circumstances.
Judge Chithi was very direct: “Everybody stands ready to proceed with this matter, and then you come up with excuse after excuse. We are not going to tolerate any further delays in this matter,” he said.
The judge revealed the devastating human cost of the prolonged proceedings, saying some witnesses connected to the politically sensitive case had already died while others had spent years under state protection.
“Witnesses are dying. So far, four are dead. Some are in witness protection for more than six years,” he said.
“We are told that there are witnesses who are in witness protection. That is costing the taxpayers because they are the ones who have to pay the bill.”
Murder trial begins on November 9
Judge Chithi further warned that the court could eventually proceed without legal representation should Skhosana dismiss another lawyer before trial.
“There will come a time when that will no longer be tolerated. We are going to proceed with the matter, with or without your legal representative,” he said.
“I wanted to make that clear so that you would be aware of who is sitting in this court.”
He added: “Should you, on the appointed date, which for the time being is June 3, fire your current lawyer, we will have no option but to set the matter down for trial without you being legally represented.”
Skhosana remains in custody until the next court appearance.
His co-accused, Mpofana and Myeza, remain out on bail under previously imposed conditions.
The murder trial is currently scheduled to begin on November 9.
- Pietermaritzburg High Court criticized former Umzimkhulu municipal manager Zweliphansi Skhosana for repeatedly delaying the murder trial linked to the assassination of former ANC Youth League secretary-general Sindiso Magaqa.
- Judge Mluleki Chithi warned Skhosana that his constitutional right to legal representation cannot be abused indefinitely and threatened to proceed without a lawyer if delays continue.
- The National Prosecuting Authority condemned the continuous postponements due to changes in Skhosana's legal team, which has hindered the trial progress.
- Four witnesses have died and others remain under costly state protection due to the prolonged delay in the politically sensitive case.
- The trial is set to begin on November 9, with Skhosana still in custody and co-accused Mpofana and Myeza out on bail.
Judge Mluleki
“
“Once it becomes apparent to us as a court that the right is abused, it would be required for us to intervene.”
Judge
“Witnesses are dying. So far, four are dead. Some are in witness protection for more than six years,” he said.
“We are told that there are witnesses who are in witness protection.
Judge
"
“I wanted to make that clear so that you would be aware of who is sitting in this court.”
He added: “
His co-accused, Mpofana and Myeza, remain out on bail under previously imposed conditions.
