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CONFUSION: Christina and David Molefe, parents of the late Annie Phungula, were in the Delmas High Court yesterday hoping the case against the man who allegedly killed their daughter would sit, but this did not happen. With them is their daughter Mmapula. PHOTO: ALFRED MOSELAKGOMO

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A MAN accused of setting his wife alight two years ago failed to appear in court yesterday, leaving the family feeling that justice had not been done.

There was confusion when it emerged that the matter would be heard in the Delmas High Court and not the Johannesburg High Court as earlier decided.

Delmas is about 100km from Johannesburg, and the case was not on their roll either.

The family of Annie Phungula said they were disappointed when the case did not move forward.

"We are now angry. We travelled all the way to Delmas and waited the whole day without the case starting. No one told us what was happening," said David Molefe, Annie's father.

Delmas court officials could not explain why the case was not on their roll.

The National Prosecuting Authority (NPA), police and court officials could not say why Sydney Basi Phungula, 38, did not appear.

"My daughter will be turning in her grave because of the failure by the State to bring her killer to justice," said Molefe.

NPA spokesman Mthunzi Mhaga also could not solve the riddle as to why the case had been moved, why the family was not informed and why Sydney did not appear.

In December last year, Mhaga said Sydney had been served with an indictment and that his trial had been set for four days, from May 21 to 25 in Johannesburg.

But when informed that Sydney was not in court yesterday, and that authorities there said they did not know anything about his case, Mhaga said he would investigate.

He later did not answer Sowetan calls or messages.

Even an investigating officer in the matter, Warrant Officer Twala, said he did not know why the case did not take place.

"No one told me anything and I am shocked that it is not being heard today," said Twala.

Annie's mother, Christina Molefe, said: "We have lost hope that justice will ever prevail in this case ... How long will it take for this case to be closed?," she asked.

In September last year an outcry erupted at the Brakpan Magistrate's Court when it was decided to set Sydney, a teacher at Funukukhanya Primary School in Tsakane, free due to a lack of evidence.

Charges including murder, attempted murder and arson against Sydney were only reinstated after Sowetan reported about it.

- alfredm@sowetan.co.za

Comments

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Thu May 23 11:52:13 SAST 2013 ::

May 22, 2012

MGEEZ

It's a matter of the left hand not knowing what the right hand is doing!!!! This is completely disrectful of this family. They need to sue the state for their cost!!!
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May 22, 2012

Pointman

Just one of the ways in which corruption and ineptitude touches us. When our institutions break down because of ineptitude and corruption by state officials people resort to other means to settle scores. I am sure that this family has at least thought of dispensing justice themselves. They should not lose hope but continue to put pressure on the NPA using the media.
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May 22, 2012

MommaC

Our criminals have more rights than law abiding citizens and our courts feel its okay to victimise the victims. Dragging this family through this is just cruel.
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May 22, 2012

ApelMankotsana

No guys....This is just a pure administrative mishap between the Registrar of the High Court in Johannesburg and the Clerk of the Court at Brakpan Magistrates Court...I do not suspect any foul play. The matter will definately be enrolled again.
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May 22, 2012

CAKE

Lefase le apere di leggings - Sathane o dirile manacure.
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May 22, 2012

candilious

I have to say its because of th incompetent Police & staff their have nothing to it. Sue the blerrie State
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May 22, 2012

Secretary

@family of Annie Phungula
Which justice do you whant?Do we have a a justice system in Mzansi?
Whatever is happening to you is the kind of treatment received by poor people, I am surprised that you look rich in the photo and you also receive the treatment reserved for the poor. The teacher is well linked to adjudicators and National Prosecuting Authorities as well as Twala. They are invincible hooligans who dominate with accepting bribes. If you really want to bring the perpetrator to the book you should be prepared to spend more. Screw the person who postponed this case with this abnormal delay if you have the documents which allow the postponement. Do not leave any point without a written document which direct you to do so.

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May 22, 2012

Idohl

Molato ga o bole barena.
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May 22, 2012

snazz

When all fails and not even the justice system can help this is a really sad story.................................
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May 22, 2012

Mbhuduma

Our justice system is a big joke.
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