Slightly stooped, leaning heavily on his co-accused for balance and his mouth agape.
This is how Xolile Mngeni, who is alleged to be one of the hitmen in the Anni Dewani murder case, shuffled up a few stairs and into the dock in the Wynberg Regional Court yesterday.
Mngeni, 23, seriously ill with a brain tumour, looked disoriented and the right side of his face appeared to go into a spasm when he blinked.
His movements were stilted.
Mngeni’s head was shaved and markings – lines making the shape of a cross with a circle at the centre – could be seen on the back of his scalp.
Despite his illness, during Tuesday’s court proceedings Mngeni was told he and his co-accused, Mziwamadoda Qwabe, 25, would stand trial in the Western Cape High Court.
A pre-trial conference was set for February 10.
In medical documents handed in to the court last month, when Mngeni had not been able to appear in the dock due to his ailing health, his condition had been detailed.
A medical report compiled by Dr Jeanette Parkes, a consultant radiation oncologist at Groote Schuur Hospital, said Mngeni’s tumour had spread to his spinal cord and brain, he had water on the brain and a possible lesion on his pineal gland.
In another medical report, Patrick Semple, Groote Schuur Hospital’s head of neurocritical care, said Mngeni was disoriented, had visual hallucinations and poor neurological function. He said the tumour could cause Mngeni’s death and that he may not be fit to appear in court.
Mngeni was receiving craniospinal radiotherapy.
On Tuesday, as he climbed steps leading to the dock in the regional court, Mngeni had to lean on Qwabe’s arm for support. When he wanted to sit down, Mngeni haltingly raised an arm and Qwabe eventually had to ask on his behalf if Mngeni could be seated.
Mngeni was on Tuesday legally represented by Tobinceba Matrose, who appeared in place of Mngeni’s usual attorney Vusi Tshabalala.
Matrose said Tshabalala would no longer be representing Mngeni as he had been appointed as a prosecutor.
Magistrate Jackie Redelinghuys asked Mngeni if he would appoint another attorney. After hesitating a few seconds, Mngeni said he would appoint a private attorney.
Director of Public Prosecutions Rodney de Kock said Mngeni and Qwabe would both be prosecuted.
Both were handed an indictment, a summary of facts and a list of witnesses to be called.
The indictment said Mngeni and Qwabe faced charges of murder, kidnapping, robbery with aggravating circumstances and two counts under the Firearms Control Act.
After the court proceedings, National Prosecuting Authority (NPA) spokesman Eric Ntabzalila, said based on the evidence gathered, the NPA was confident the case would result in convictions.
He said the NPA was waiting for a decision to be made on Shrien Dewani, who is accused of masterminding his wife’s murder.
South African authorities are trying to get Dewani into the country so he can stand trial alongside Qwabe and Mngeni.
Last month, a London judge ruled Dewani should be extradited to South Africa and, by October 10, British Home Secretary Theresa May is expected to decide whether he would have to return.
Anni’s family was expected to have arrived in the UK on Tuesday.
On Monday, her father, Vinod Hindocha, said the family wanted to hand over a petition, demanding Dewani be extradited, to the British Home Secretary next week.
By Tuesday, 11 310 people from around the world had signed the online petition, headed Shrien Dewani Must Stand Trial in South Africa.
Anni was murdered in Khayelitsha on November 13.
Last year, chauffeur Zola Robert Tongo, who had driven the Dewanis around Cape Town while they were on honeymoon, pleaded guilty to his role in Anni’s murder.
In court documents, Tongo said Dewani had asked him to help orchestrate his wife’s murder and had offered R15 000 for the killing. Tongo said he had hired Mngeni and Qwabe to murder Anni. - Cape Times