FOR the past 10 months the assault case of the former Ward 64 councillor, Gavin Hegter, has not been resolved with the court proceedings being delayed due to other cases that had to be prioritised at the Durban Magistrate’s Court. Hegter’s last court appearance was on December 4.
The accused is on trial for allegedly assaulting Mncedisi Dlamini (45) with a torch in November 2024, following an argument between the two.
Dlamini and his friends were having a party at the State-owned property in Yellowwood Park last year when the accused asked them to lower their voices.
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It is alleged that upon Hegter’s arrival at the gate Dlamini’s brother, who was a security guard at the property at the time, was present when the alleged confrontation between the accused and the victim ensued.
The defence had filed an application under section 174 of the Criminal Procedure Act, citing inconsistences and inaccuracies in the testimonies of the two witnesses, Mncedisi Dlamini and Lindizwe Dlamini.
In response to the application, the state argued that the accused did not deny that he was at Hoopoe Lane outside the State-owned building where the assault occurred.
Hegter resigned from his position as Ward 64 councillor, and his last day was on June 30.
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The core of the State’s case relies heavily on the testimony of two witnesses and a medical report detailing the injuries Mncedisi sustained when the accused allegedly hit him in the mount with a torch in November 2024.
During the latest hearing, the court had to first deliver a sentencing ruling in an unrelated matter.
As a result, the magistrate postponed proceedings in November 14, to allow the State and defence to address the merits of the case.
Poor working conditions and high workload prompted magistrates to step off the bench and embark on a placard demonstration.
According to media reports, magistrates complained that sometimes they have to work on holidays to deal with the workload.
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