Rustenburg – There was a drama at the Bafokeng Magistrate's Court in Tlhabane on Tuesday, when the defence in a case involving community activist Napoleon Webster applied for the presiding magistrate to recuse herself, from the case.
The defence said Magistrate Van Vuuren's court roll was overloaded and did not accommodate them. Andries Nkome further stated that the magistrate did not address him properly.
This was after he asked whether the magistrate was listening to him while he wanted to read an affidavit in respect to one of the accuse to be released on bail. The State had indicated it was not opposing bail for accused five.
Magistrate Van Vuuren replied: "I am listening, what do you want?"
The defence called on the court to put the matter down while they were going to consult with the senior magistrate and wanted Van Vuuren to rule whether she would continue with the matter or recuse herself.
While they were out, Van Vuuren adjourned the court and left, it was around 16h:05 when the court adjourned. Another magistrate came and postponed the case to Wednesday.
Webster is facing a charge of escaping in lawful custody while the other six men charged with him were facing charges of aiding and abetting a suspect to escape and defeating the ends of justice.
The case stems from an incident on January 6, at the Bafokeng Magistrate's Court in Tlhabane, where Webster was arrested on a murder charge while attending court proceeding involving murder in which a man was killed at Marikana West on December 8. Webster was handcuffed and put inside a police vehicle (sedan) that was parked near the court entrance.
North West police said after he was put in a police vehicle, a group of men armed with assortment of dangerous weapons including assegais, spears, stones and pangas allegedly advanced towards the police vehicle and attempted to release him.
The police had to fire warning shots of which the men ignored and in the process managed to free Webster, who got inside a Mercedes Benz Sprinter and fled the scene.
The police, including those who were at court to secure the proceedings, gave chase.
The suspects abandoned their vehicle when it deflated at Mokwena Street in Tlhabane. They were arrested together with Webster, who was still handcuffed.
Earlier, Webster together with Goeneone Setsong, Sibonile Sobopha, Mdlondozi Fundiwo, Herbert Baqhesi and William Mbetane on a murder.
This case was postponed to Friday for bail application.