On Thursday, the Alexandra magistrate’s court hearing the malicious damage to property case of Thamsanqa Gabuza will launch an inquiry to ascertain why the soccer star failed to appear during the previous court session last month.
Gabuza will have to inform the magistrate why he did not pitch during the previous court session.
If the magistrate is satisfied with Gabuza’s explanation, his stayed warrant of arrest will be cancelled. The matter will proceed as if nothing happened.
If the magistrate is not satisfied with his explanation for his absence, the warrant of arrest will be effected. His bail will be cancelled and forfeited to the state. Gabuza will then be sent to jail.
Criminal law expert
This is the view of criminal law expert Nthabiseng Dubazana. She spoke to Sunday World, responding to questions about case. She was asked about the possible scenarios that might occur on Thursday when the matter returns to court.
“[Tomorrow] (Thursday), there will be an inquiry to understand why he did not appear in court during the last appearance. If he was sick, a medical certificate would be required. During that inquiry, he must satisfy the magistrate that the reasons for failure to appear in court make sense.
“The fact that you have now appeared [in court] gives the court the impression that you might appear on the next one. If the magistrate is happy with his explanation, then she will cancel the warrant of arrest. And the matter will continue as if nothing happened,” said Dubazana.
Warrant of arrest still possible
“But if the magistrate is not satisfied with the explanation, then the warrant of arrest is confirmed, bail is cancelled, and forfeited to the state. He will then be remanded in custody.
“ He will appear in court from prison during his next court appearances. If he does not pitch in court [tomorrow], the warrant of arrest will be confirmed. It becomes a bench warrant of arrest. It will be put in the docket, and the investigating officer will go and arrest him.
“His bail will be cancelled and forfeited to the state. He will have to reapply for bail. And the likelihood of him getting it again is slim to none,” said Dubazana.
Last month, a warrant of arrest was issued for Gabuza after he failed to appear at the Alexandra magistrate’s court.
Gabuza was scheduled to make his fourth appearance in court on January 29, 2024 for a charge of malicious damage to property.
Dispute resolution
The matter was previously postponed for an alternate dispute resolution (mediation). It was set to take place last month between Gabuza and the complainant.
However, the 36-year-old Gabuza, who is currently out on R3,000 bail, failed to show up in court.
Gabuza, a former Orlando Pirates and SuperSport United striker, is currently plying his trade with Premier Soccer League club TS Galaxy.
Magistrate Lindokuhle Lubisi postponed the matter to February 15 for Gabuza’s appearance and possible mediation.
Gabuza is required to appear in court on February 15 and provide an explanation for his absence from the January 29 court date due to the issuance of the stayed arrest warrant.
One last chance for him
Failure to do so will result in the police going out to look for him and resulting in his arrest.
Last month Gabuza’s lawyer Themba Ngobeni told the media Gabuza did not come to court due to ill-health. Ngobeni was also not present in court when Gabuza was scheduled to appear last month.
During Gabuza’s previous court appearance on December 19, the matter was postponed because the complainant, Zikhona Zode, was not available. The matter was also postponed for possible mediation.
Prior to that, Gabuza appeared in court on December 11, and the matter was postponed for possible mediation.
Out on R3,000 bail
During his first court appearance in November, late magistrate Peggy Senne set Gabuza’s bail at R3,000. Bail conditions are that he must not make any direct or indirect contact with the complainant. He must also not go to her place of residence.
Senne also ordered him to attend all court hearings. He was warned that failure to do so would result in a warrant of arrest being issued against him.
Gabuza was also ordered not to commit a similar offence again. And was told that failure to adhere to this order will result in him being sent back to prison.
