The accused in the Hillary Gardee murder trial dismissed his Legal Aid lawyer in the Mpumalanga Division of the High Court today.

Lowvelder reports that Adv Maesela Kekana, who represented Hlabirwa Rassie Nkuna, shocked the court when he announced that the accused had asked him to recuse himself.

“My lady, the accused says he wants a new lawyer because he no longer has trust in me and has asked for me to recuse myself,” Kekana told Judge Lindiwe Vukeya.

The judge questioned why the matter was being raised at the last minute after case management had already been dealt with.

Vukeya then asked Nkuna directly to explain the situation and why it had arisen so late.

“There is a conflict of interest between myself and Kekana. The conflict did not start today and has been ongoing for some time,” Nkuna responded.

Vukeya asked Nkuna what he would do if the court excused his legal representative, to which Nkuna replied that he would request another lawyer from Legal Aid.

The judge then asked Kekana whether there was another Legal Aid representative available to take over the case and Kekana said he was unsure, explaining that the decision would depend on the Legal Aid administration.

Immediately thereafter, Nkuna claimed he did not understand the Sepedi dialect spoken by the interpreter and demanded a new interpreter who could speak in his dialect.

“I am requesting a real Sepedi interpreter because the one here is speaking a complicated language that I do not understand,” Nkuna told the court.

The judge stood the matter down for Kekana to return to his office to establish whether another Legal Aid lawyer could be assigned and to make arrangements for a new interpreter.

When the court resumed, Judge Vukeya postponed the matter to Friday, to allow time for these challenges to be resolved.

EFF Mpumalanga leader Collen Sedibe told Lowvelder that he was very disappointed with the postponement.

“These are just delaying tactics to prevent justice from prevailing. The accused first chased his lawyer away and then the interpreter. We are not shaken because we know he will get his day in court and face the wrath of the law,” said Sedibe.

EFF treasurer-general Omphile Maotwe echoed Sedibe’s sentiments, adding that she had previously heard Nkuna speaking in English.

“He is playing with us; he understands English. This man is a serial killer and a convicted criminal, yet he has the audacity to force the court to postpone the matter.”

EFF members attended court in large numbers to support the Gardee family, singing political slogans and chanting outside the courthouse.

Hillary’s father, Godrich Gardee, who was also in court, remarked in passing that the lawyer appeared complicit in the “delaying tactics.”

Hillary was shot dead in 2022 after disappearing from her rented home in KaMagugu, outside Mbombela. Her body was discovered in a plantation between Sabie and Lydenburg on May 3 that year, about five days after she went missing.

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