The Nelspruit magistrate's court has dismissed an application brought by the family of Hillary Gardee for the live broadcast of proceedings.

Magistrate Eddie Hall dismissed the application on grounds that the trial has not yet started and police investigations are still under way.

Broadcasting proceedings could have an effect later in the trial.

“This court is not going to give a verdict. The family is more interested in [the] trial where a verdict will be given,” Hall said.

The family brought an application to have proceedings broadcast live, but defence attorneys for the accused objected.

Legal representative for the Gardee family Onalenna Thaga, who has a watching brief, said some family members were overseas and wanted to be part of the proceedings.

“The family members want to be part of this from wherever they are in real time,” she said.

Advocate Nqobizitha Mlilo, for two accused — Philemon Lukhele and Mduduzi Gama — said the court should not consider the application as due process was not followed.

“Your worship, you don't even need to concern [yourself] further with what is before you because it is not even an application. A proper application should have a notice of motion to other parties with affidavits attached.”

Mlilo said attorneys on a watching brief were not part of proceedings.

“We are sensitive to the wishes of the family, but we have to oppose this,” Mlilo said.

Sakhile Nkosi, for the other accused Sipho Mkhatswha, also opposed the application, saying a live broadcast of proceedings would prejudice his client.

Gardee was the daughter of former EFF secretary-general Godrich Gardee. She was kidnapped on April 29 and found shot dead on May 3 on a gravel road alongside a pine plantation on May 3.

The matter continues. 

TimesLIVE