DPP to decide if Mahlaba’s murder case will be dropped
Dr Mahlaba made a brief appearance on July 9 before Magistrate N. Khuzwayo, on charges of murder, attempted murder and conspiracy to commit murder, in connection with the assassination of ANC Youth League leader, Wandile Ngobeni.
The rowdy disapproval of the crowd outside the Madadeni Court on Tuesday, made it clear supporters of Newcastle Mayor, Ntuthuko Mahlaba, anticipated a different outcome.
They expected to hear the case had been struck off the roll, and that the Mayor was free to resume his local council duties.
Dr Mahlaba made a brief appearance on July 9 before Magistrate N. Khuzwayo, on charges of murder, attempted murder and conspiracy to commit murder, in connection with the assassination of ANC Youth League leader, Wandile Ngobeni.
On the street, protestors brandished placards reading: “Justice delayed! Justice denied! Free the mayor now!!!” and “This case is politically motivated. It must be struck off the roll today!!!”
They were not pleased to hear that instead of being dismissed, the case was postponed.
Frustration among the protesters threatened to escalate to aggression, until ANC Member of the Provincial Legislature (MPL), Jomo Sibiya cautioned restraint and patience. Moments earlier, Advocate, Cyril Selepe addressed the court on behalf of the Director of Public Prosecutions (DPP), requesting the case be postponed to August 15, as he had not had sufficient time to read through and consider the contents of representations made by the defense attorney.
He explained, “On Wednesday last week, Mr Maniklall [Dr Mahlaba’a lawyer] said he would be emailing me the representations. On Thursday, it had been delivered to my email. He then made arrangements that he would deliver the hard copy on Friday, which he did. However, today I have only had one working day in which to have a look at them. One cannot accept the representation at face value. I am bringing an application to postpone the case, to have an opportunity to look at the representations. We have been waiting for representation for two months. If the defense succeeds, there may be no case after the 15th.”
Bheki Manyathi, the Senior Advocate representing Dr Mahlaba, accepted part of the blame for the delay in court proceedings, but argued the defense had not been in a position to make informed representations, as it still awaited two witness statements from the prosecution.
“Another thing that contributed to the delay, is the fact that the defense engaged another legal mind in drafting the representations,” admitted Adv Manyathi.
Mag. Khuzwayo agreed to the postponement, and reminded Dr Mahlaba his bail conditions would still apply.
Addressing the media outside the court room, Dr Mahlaba said he respected the legal process: “They [the State] has asked for time until August. That is nothing. We are waiting for that to hear what they are saying. I can’t disclose the representations while they are still looking at it, but I can say we are presenting evidence of why we are saying this case was fabricated. I have proof it has been fabricated. I have seen it. I have listened to evidence. I know it has been fabricated, but let’s give them [the State] time to apply their minds, and then we will take it from there.”
Dr Mahlaba went on to insist he would never relinquish his position within the ANC, responding to allegations in the national media that the party intends to have him axed.
“If anyone wishes to remove me as the Chairperson of the ANC, it will be very hard. It is a very difficult task for anyone to achieve, I can tell you now. I am not being arrogant, but I grew up in the ANC, worked in the Youth League. I am in the ANC, I know what I stand for. If there is anyone who wishes to do that, they must forget it. It will never happen in this lifetime, unless I am dead.”
Dr Mahlaba and ANC Regional Secretary, Chris Mhlophe both said they had no knowledge that there had been an arrest, in connection with the murders of Martin Sithole and Buthanani Shange, over the weekend.
Following the murders, Bheki Cele’s spokesperson, Reneilwe Serero confirmed Sithole was meant to have testified as a witness in Dr Mahlaba’s trial.
ALSO READ: Newcastle Mayor expected to appear in court today
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