Ndilinasho David Joseph was no-show in court on Monday.
The Phala Phala farm burglary trial was delayed on Monday after an Oshiwambo interpreter failed to appear in court, while a stay of arrest warrant was authorised for one of the accused.
The matter was set to continue at the Modimolle Regional Court, where alleged ringleader Imanuwela David, former cleaner Froliana Joseph, and her brother Ndilinasho David Joseph are charged with housebreaking, theft and conspiracy to commit housebreaking with intent to steal.
David, who remains in custody, is also facing an additional count of money laundering.
The charges relate to the theft of $580 000 that was allegedly concealed inside a couch at President Cyril Ramaphosa’s Phala Phala game farm in Limpopo in February 2020.
Lack of interpreter delays Phala Phala farm burglary trial
Proceedings were brought to a halt when Magistrate Peter Manthate informed the court that both the interpreter and Ndilinasho, who is currently out on R10 000 bail, were absent.
Throughout the trial, an interpreter has been assisting the court in Oshiwambo, a language spoken by the Ovambo people in parts of Namibia, to ensure David and the Joseph siblings fully understand the proceedings.
However, the defence previously raised concerns about the accuracy of the interpretation, prompting the court to instruct the state to secure a different interpreter.
“It is unfortunate that even if accused number three was present today, we wouldn’t be in a position to proceed with this matter because the interpreter that we have arranged with has problems.
“We were told that he is not available because he was somehow injured,” Manthate said.
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The magistrate said he was hoping that the case would have reached finalisation, so the state could close its case.
He further explained that the search for a suitable interpreter had proven unsuccessful across Gauteng, Limpopo and other provinces, with the only available option based at the Cape Town Magistrate’s Court in the Western Cape.
“I was told or advised by the interpreters that they have been trying to even secure one of the interpreters from their ambassadors, but they couldn’t, unfortunately.”
Warrant of arrest for Ndilinasho
Manthate also approved the issuing of a warrant of arrest for Ndilinasho – who is reportedly unwell – although its execution will be “held over” until 13 January 2026.
“It is my wish that this matter be expedited to reach so we can reach a conclusion, but unfortunately, some of the conditions make it not possible for the court to deal with the matter the way it wishes,” Manthate told David and Froliana.
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The case was postponed as the courts prepare to go into recess for the festive season from 15 December, with the next judicial term commencing on 19 January.
“Unfortunately, I had to sacrifice my time in order to come and proceed with this matter on this particular day on the 13th.”
The magistrate cautioned Froliana that failure to appear in court on 13 January would result in her forfeiting her R5 000 bail.
He also issued a warning to the witness, whose identity remains protected in terms of a court order.
Trial-within-a-trial ruling
Manthate is still expected to hand down a ruling on the admissibility of the witness’s affidavit, following a trial-within-a-trial that took place in October.
The trial-within-a-trial is aimed at determining whether his affidavit was made voluntarily and whether it should be admitted as evidence.
The witness, a security guard who allegedly transported the accused after the burglary, testified that he was forced by police to sign a statement that was prepared without his input.
He further told the court that he is unable to read or write and therefore does not know what was contained in the affidavit he signed.
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