The court case of a South African undertaker, detained in Mozambique, has faced numerous delays because of the language barrier.
Patrick Lunguza, 53, of Hillview near Lavender Hill has been in custody for a month after he was charged with assisting in the transportation of illegal immigrants.
Lunguza is imprisoned at a police station in Tete, Mozambique and court proceedings take place at Tribunal Judicial, da Cidade de in Tete where only Portuguese is spoken. Tete is approximately 1 500 kilometres from Maputo.
During Lunguza’s three court appearances, a translator was not available.
The family have pleaded with the Department of International Relations Co-operation (Dirco) for assistance. But the department has advised the family that the government, represented by the SA High Commission in Maputo, does not provide legal advice or an interpreter services.
In a letter written to Lunguza’s family, Dirco advises the family to provide the services he needs. “It is the responsibility of the detainees’ family or employer to obtain these services on behalf of the detainee.
“Tete is more than 1 500 kilometres from Maputo, and it is therefore not possible for the consular staff at the High Commission to attend the court proceedings,” Dirco wrote during a letter addressed to the family.
Lunguza’s bail application is expected to take place tomorrow, Monday.
Veronica Cake, a committee member of the South African Funeral Directors, who has been in communication with Dirco said she had informed the department that they had provided a lawyer for Lunguza but were struggling to find an interpreter. “What is the purpose of the embassy of our country in Mozambique?”
Last week, Lunguza’s attorney, Alfredo Faife, confirmed they had taken instruction to be his legal representative and promised feedback on the matter but did not respond to Weekend Argus queries.
A task team, called Release/ Free Lunguza composed of Undertakers in South Africa are fighting his case.
The team has since given feedback on the status of Lunguza’s imprisonment stating that he does not get meals inside prison.
In a statement they said: “There has been challenges on the Lunguzas. When we started out no one wanted to help, the High Commission in Mozambique were of very little help. We could not communicate with the police where Mr Lunguza was detained.
“The language in Mozambique is a very serious challenge. They only speak Portuguese and English is very rare. We are progressing, God is with us.
Lunguza was three times at court and there was no one to interpret the court proceedings. The appearance was postponed three times.
“The court proceedings in Mozambique are far different than it is in South Africa.
“Mr Lunguza, had to appear with the detectives together with his attorney, and that was set and then they went to appear together with the police in front of a prosecutor and judge.
“It was too late for the bail application and the case was postponed to Monday.
“‘In Mozambique, the prisoners are not supplied with food so families have to fend for them. Lunguza has no family in Mozambique. He had appointed someone to go and buy food for him. He had to see that this man was paid.
“He also had to appoint an interpreter for daily communications.
“We also made sure his car and trailer were kept safe.”
Undertakers have since started a fund, called Release/ Free Lunguza.
Dirco spokesperson Lunga Ngqengelele said the department was aware of the arrest and that the High Commission in Mozambique was rendering consular assistance to the detainee.
Lunguza landed in trouble with authorities in Mozambique when he had been transporting five Malawians bodies from Cape Town to Malawi for funerals. He was accompanied by their relatives whose passports had expired.
Police searched his vehicle, believing he had hidden drugs inside the bodies and coffins. He was cleared. While the co-driver and relatives of the deceased were set free and the bodies returned to the families Lunguza was detained.