Shebeshxt remains without bail and was remanded to appear virtually on the new date.
Picture: Cecilia Mogashoa
Musician Lehlohonolo “Shebeshxt” Chauke’s attempted murder trial was postponed to September after his defence team said it needed time to consult with him on newly added charges and to challenge the state’s decision to revive several previously withdrawn cases.
Chauke appeared before the Polokwane Regional Court on charges including attempted murder, illegal possession of a firearm and assault.
The state applied to add two counts, culpable homicide and its alternative, and reckless or negligent driving, while withdrawing a firearm possession charge.
This left the accused facing 21 counts instead of 22.
Defence raises concerns over charge consolidation
Chauke’s defence lawyer, Advocate Nthapeletseng Mathabatha, applied for a postponement to consult with his client regarding the new charges.
“The defence needs to be afforded the opportunity to consult with the accused to obtain instructions in relation to those additional charges,” he told the court, adding that the case particulars had only reached his chambers the previous evening.
Mathabatha said the defence would not oppose the state adding charges, since “we cannot stop the state from bringing more charges,” citing section 81 of the Criminal Procedure Act.
However, he raised concern over what he called the improper consolidation of cases from other jurisdictions, including matters previously withdrawn or resolved through alternative dispute resolution.
“We regard them as proper counts for which the accused has to account in this court” in relation to counts one to four, he said, but indicated the defence intended to take the reinstated counts on review to the High Court.
Defence to approach DPP before pursuing review
Mathabatha said the defence would first write to the Director of Public Prosecutions requesting reconsideration of the decision to consolidate the cases, seeking clarity on who had instructed the reinstatement of previously withdrawn matters and why.
“Our main ground for review is going to be that there was an abuse of power,” he submitted.
He asked for 60 days to complete this process.
“If we find each other with the director, we will obviously come back and say we are ready to proceed with the pre-trial,” he said, “but if the director insists [on] the consolidation… we will be approaching the High Court.”
State does not oppose defence’s constitutional rights
According to the state’s representative, the prosecution “does not oppose the defence’s constitutional right” to submit representations to the DPP, while noting that the new charges meant “the accused and the defence require a reasonable time to study new allegations.”
The magistrate granted the postponement but clarified it was based on the accused’s right to consult on the two new charges, not on the pending DPP representations.
She ordered that the pre-trial conference proceed on 10 September regardless of the outcome of any review, citing the need to avoid piecemeal litigation.
Chauke remains without bail and was remanded to appear virtually on the new date.
