The conspiracy to commit murder trial against former Mayor, Richard Mbatha, and two others will stand over to February 19, 2019.

Mr Mbatha, Estcourt IFP Councillor Mthembeni Majola and alleged hit man, Xolani Makhathini, appeared in the Estcourt Magistrate’s Court this morning in front of Magistrate Goosen.

They are accused of plotting to kill former Endumeni Speaker and fellow IFP Councillor, Bongiwe Mbatha.

Magistrate Goosen was not impressed that the investigating officer was not present at the pre-trial and when the matter was adjourned to allow State Prosecutor Ms Nel to contact him, it was learned that he was busy in Newcastle.

Magistrate Goosen checked with defence if they have both received the complete docket including the tender documents over which the former Speaker and former Mayor are alleged to have quarreled.

Advocate Kay Augustine, acting for two of the defendants, informed the court that she was not pleased with the docket.

She wanted to clarify whether it was just her copy of form A-6 which was incomplete, as it did not state who the statement was made by.

She further enquired about the audio and video recordings which the state refers to.

“I do not have copies of either and as this is a pre-trial we ought to view this,” stated Advocate Kay Augustine.

Magistrate Goosen asked for the state to clarify the concerns which both she and Advocate Molotshwa, acting for Mr Mbatha, shared.
State Prosecutor Ms Nel said that she has made notes on a duplicate copy of the docket.

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She added that the original copy was in Bergville and she will have copiedsent to the defence.

She also said that the audio and video recordings were not in her possession and that she has not seen them, but that they were with the investigating officer.

Magistrate Goosen placed on record that everyone involved agreed for the matter to stand off until then as the I.O. was meant to be present.

Mr Mbatha told the Estcourt News after the proceedings:

“I am very disappointed, they knew prior to this that the investigating officer had to be here. Next year February we have elections, we are deployed to the party. I lost my work I lost everything because of this case; I am waiting to be proved innocent or guilty.”

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