State prosecutor Leane Jones then asked the court for adjustment to consult with her superiors and told the court that she also wanted a postponement for finalisation of the indictment.
“The case was postponed for further investigation and also a decision from the national director of public prosecutions (NDPP), however the NDPP said we should request a postponement for finalisation of the indictment,” said Jones.
Jordan said the defence will not agree with the postponement because the state's house is not in order.
“I submit, your honour, that excuse is being used to secure a postponement. I'm not going to agree to prolong this matter. Today the state must have their house in order, the state's house is not in order,” said Jordan.
Jones asked for the matter to stand down to talk to the director of public prosecutions as it was her first time getting the information.
Monaledi granted the postponement to March 1, where the state is supposed to present an indictment.
Spokesperson for the NPA in Mpumalanga Monica Nyuswa said the arguments by Jordan that the witnesses have withdrawn their statements did not matter. “We have a strong case against the accused which they are going to answer during trial in the high court. The state is not going to entertain the arguments of the defence as our case is strong,” said Nyuswa.
Two witnesses withdraw from Msibi double murder case
Defence lawyer Coert Jordan told the court that he had seen letters from two key witnesses intending to withdraw their statements which implicate the former Mpumalanga MEC for agriculture and co-accused
Image: Mandla Khoza
The state's double murder case against fired Mpumalanga MEC for agriculture Mandla Msibi and others has been dealt a blow after two key witnesses withdrew their statements against them.
This came out during Thursday's court proceeding where Msibi appeared alongside co-accused Njabulo Shugulugu Mkhonto, Buddah Mdluli, Anele Mnisi, Tsepo Matsane and Charlie Ngwenya. They are accused of the double murder of Sindela Lubisi and Dingaan Ngwenya and the attempted murder of Sfiso Mpila in August last year at a pub and shisanyama in Mbombela.
They have all pleaded not guilty and are out on R20,000 bail each.
Defence lawyer Coert Jordan told the court that he had seen letters from two key witnesses intending to withdraw their statements which implicate Msibi and co-accused.
In the letters he read, Jordan suggested that the state was handed copies of withdrawal affidavits from a lawyer representing the two witnesses.
“Kindly receive the affidavits of Joseph Nkalanga and Sifiso Mpila, and we have the original affidavits and we shall hear from you where we can submit them,” Jordan read the letter to magistrate Suzanne Monaledi.
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State prosecutor Leane Jones then asked the court for adjustment to consult with her superiors and told the court that she also wanted a postponement for finalisation of the indictment.
“The case was postponed for further investigation and also a decision from the national director of public prosecutions (NDPP), however the NDPP said we should request a postponement for finalisation of the indictment,” said Jones.
Jordan said the defence will not agree with the postponement because the state's house is not in order.
“I submit, your honour, that excuse is being used to secure a postponement. I'm not going to agree to prolong this matter. Today the state must have their house in order, the state's house is not in order,” said Jordan.
Jones asked for the matter to stand down to talk to the director of public prosecutions as it was her first time getting the information.
Monaledi granted the postponement to March 1, where the state is supposed to present an indictment.
Spokesperson for the NPA in Mpumalanga Monica Nyuswa said the arguments by Jordan that the witnesses have withdrawn their statements did not matter. “We have a strong case against the accused which they are going to answer during trial in the high court. The state is not going to entertain the arguments of the defence as our case is strong,” said Nyuswa.
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