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Legal limbo adds to family’s frustration after attack

A 53-year-old and her grandchild were injured during an assault.

A mother and daughter from Kwa-Guqa Extension 11 are pleading for justice after enduring a brutal assault in their home and facing more than 10 postponements in their court case.

The incident occurred in 2023. The victims, Nokwakha Muhlauli and her daughter Nobesuthu Nkosi, said they are emotionally drained and frustrated by the legal system’s repeated delays, which have left them without closure or accountability.

The incident

According to Muhlauli, the attack was sudden and deliberately cruel.

“I was sitting at my home. A lady and her four sisters showed up and insulted us, mentioning that it was my day to die. They started breaking my windows and other property,” she said.

“They were five. They dragged me to the streets where they continued assaulting me, and they cut my neck with a sharp object, telling me that they were going to finish me,” Muhlauli added.

Arrest

“I went to the police station to open a case, but to my surprise, the police arrested me, my daughter, and my grandchild instead. I don’t know what we were arrested for, but we slept in cells for more than two days.”

Vosman SAPS spokesperson, Captain Vusi Mnisi, said a case was opened and indicated that he would have to do some digging to find out why they were kept behind bars.

“We opened a case of common assault, but that does not allow them to sleep behind bars; therefore, we will investigate the circumstances that led them to be put in custody,” said Mnisi.

The support

The EFF rallied in support of the family in court yesterday. They are demanding clear answers on why the court case is taking so long.

Members of the EFF rallied in support of the family attacked in court on August 26.
Members of the EFF rallied in support of the family attacked in court.

“The case was opened, later closed, we investigated and asked for it to be opened. The court keeps on postponing the case,” said Philemon Thobejane from the EFF.

The accused, who allegedly assaulted Muhlauli and her family, were set to appear in Witbank Magistrate’s Court yesterday, facing several charges, including violation of a protection order and assault.

National Prosecuting Authority explains why the matter took so long

According to the National Prosecuting Authority spokesperson, Monica Nyuswa, reasons for continuous postponements of the court case range from there being no water or electricity at court, absence of a magistrate, absence of the accused’s legal representative, and absence of different accused on different occasions.

“The only instance when this matter was remanded at the instance of the prosecution was when the court prosecutor was deployed to another court. Even at that stage, the prosecutor was prepared to proceed with the matter, however, the magistrate refused to have a part-heard matter with a non-resident prosecutor,” said Nyuswa.

“Yesterday, we wanted to proceed with the matter before another magistrate, however the magistrate opted to have a pre-trial before the matter could proceed to trial. The pre-trial was done yesterday,” Nyuswa added.

The matter is now set down for trial on October 13.

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Zita Goldswain

News Editor at the Witbank News Caxton stable. Witbank News has been my ‘home’ for the past 24 years. Journalism is the ability to meet the challenge of filling the space true words said by Rebecca West. I meet challenges, get the better of them and fill space with true words.
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