DNA results delays, failure to capture the fugitive and countless court postponements have seen the family of a raped and murdered girl lose hope of ever getting justice 13 years later.

The trial of Mpho Godfrey Nemagovhani, 38, was meant to start this week at the Limpopo high court, but had to be postponed again after he fired his fourth lawyer during the proceedings on Tuesday.

Nemagovhani is accused of raping and killing Mosike Moabelo,11, of Kopo-Rita village near Lenyenye, Limpopo, on June 28 2009.

It's alleged that the suspect, who is a construction worker from Thohoyandou, met Mosike's mother Evelyn at a tavern and later that night asked for a place to sleep overnight. Evelyn allegedly offered him a place to sleep in the vacant building in the same yard, where she stayed in an RDP house with her daughter and a tenant. Evenly's friends led Nemagovhani to an empty building while she went to sleep at her boyfriend's place elsewhere. 

It's alleged that Nemagovhani attacked the girl and strangled her before throwing her body behind the property.

Mosike's aunt Mosibudi Paleng said the family has lost hope that justice will be obtained as the case dragged in court for so many years. 

“Nemagovhani was arrested the same day after I found bloodstains on his underwear and blankets in my cousin's RDP house. He even confessed when the community was baying for his blood, but today we still await for justice,” she said.

Paleng added that Nemagovhani was later released and police told the family they were still waiting for the DNA results.

“We waited for more than a year for the results which confirmed that it was him but later he was nowhere to be found. For us justice is delayed for my niece who had a bright future ahead of her,” she said.

She said due to the circumstances of her child's murder, Evelyn died a week after her daughter 's burial. She already had a pre-existing poor health.

“For us it's a double blow because we suspect Evelyn died of stress and depression because she couldn't forgive herself for what happened to her daughter. “She loved her daughter who was later killed by man she offered accommodation to,” she said.

The state alleged that Mosike died of sexual assault and strangulation. 

A state witness, Simon Maluleke from Zangoma village, told the court that he had never met Nemagovhani before Mosike's death. Maluleke lived with Mosike and her mother.

“I slept around 8pm but late in the night I heard noises as if two people were fighting. The noise then disappeared,” he said.

There was also drama in court when Nemagovhani fired his Legal Aid lawyer Ruth Scott, accusing her of being impatient and refusing to take instructions. 

“My lord, I need another state lawyer because this one is impatient with me and doesn't take instructions.  Every time when I ask her about the Acts and Sections of the law she tells me not to worry,” he said.

Prosecutor Ronald Sithada told the court that Nemagovhani was applying same old tactics where he fires his legal team when the matter is about to proceed. 

“My lordship, the accused has fired four lawyers, three from the lower court and one today in this court. He is no longer exercising his legal right but he is abusing it,” he said.

Judge Gerrit Muller ruled that Nemagovhani will represent himself from today going forward. 

National Prosecuting Authority spokesperson in Limpopo Mashudu Malabi-Dzhangi said the matter was delayed due to various reasons, including failure to trace the accused who was on the run. 

Nemogovhani's case timeline

• He was arrested on June 29 2009.
• August 16 2009 charges are provisional withdrawn due to lack of evidence and awaiting DNA.
• DNA results are released on September 19 2012.
• State immediately issues summons and later applied for warrant of arrest.
• On March 16 2018, he was rearrested for the rape and murder of a woman in Mbombela, Mpumalanga.
• While in custody, he was then linked through DNA samples with the Mosike case and was transferred to Limpopo.