Magistrate in Palesa Madiba case loses his cool over delaying tactics

Dumisani Mkhwanazi, centre, appeared in the Protea Magistrate’s Court in Soweto yesterday on a charge of killing student Palesa Madiba. Bhekikhaya Mabaso African News Agency (ANA)

Dumisani Mkhwanazi, centre, appeared in the Protea Magistrate’s Court in Soweto yesterday on a charge of killing student Palesa Madiba. Bhekikhaya Mabaso African News Agency (ANA)

Published Aug 22, 2019

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Johannesburg - The man accused of killing student Palesa Madiba received a tongue lashing in court for using delaying tactics.

Magistrate Roland Zakwe did not mince his words at the Protea Magistrate’s Court on Wednesday where Dumisani Mkhwanazi made his third appearance in connection with Madiba’s murder. In his first two appearances following his arrest last month, Mkhwanazi did not have a legal representative, although he was asked to bring one.

Yesterday he again arrived in court without a lawyer. He has been in custody since his arrest and is charged with murder and defeating the ends of justice, a crime he allegedly committed in 2013 when Madiba, 19, was visiting her friend Tshidi Mkhwanazi.

The accused is Mkhwanazi's uncle.

“If you don’t have money to pay (a private lawyer), apply for legal aid,” said the irritated magistrate.

Zakwe said the case cannot continue to be postponed purely because of the accused’s failure to get a lawyer. He also questioned Mkhwanazi as to whether he even knew the name or surname of his lawyer.

A Madiba family spokesperson, Thabiso Tsoledi, said the constant postponements were disheartening but they remained patient.

Palesa Madiba. File picture: Supplied

“Ideally we would like to suspend our feelings but we are not robots. We are frustrated but we remain patient. At the end of the day this is the legal system,” said Tsoledi.

He said Mkwanazi deserved an opportunity to get a lawyer and that the family was happy that the magistrate took a tough stance on the accused.

He said coming to court continually was taking a toll on the family but they were still determined to know what had led to their daughter’s murder and eventually get closure.

“We feel there is no progress in the case. We understand that it might be a long drawn-out process.

“Ideally, we would like everything to start as soon as possible,” said Tsoledi.

NPA spokesperson Phindi Mjonondwane said: “The matter is in the capable hands of the presiding officer who is in a position to detect unnecessary delays and deal with them accordingly. These unnecessary delays are causing further grief to the family, as you can imagine. As the NPA we accept the court's decision and the firmness it has shown that the court is ready to deal with the matter. The accused must come to the party as well.”

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