Sentencing proceedings in the case against the man known as Mamelodi’s Number 1 Tsotsi Vusi “Khekhe” Mathibela and his co-accused for the murder of North West businessman Wandile Bozwana have been rolled over to Wednesday after experts who were expected to give evidence were unable to come to court.
Judge Papi Mosopa ordered that the clinical psychologist and the social worker who have prepared reports for sentencing proceedings be present in court from Wednesday until conclusion.
Mosopa’s decision came after the defence on Tuesday asked the court to postpone the matter as the experts were not available.
The state opposed the application and instead asked the court to order the witnesses to come and testify in just two hours.
“Constitutionally, the accused are entitled to a speedy conclusion of their trial. It is not good that this matter has been going on for years…The defence had three months to finalise their report.
"The accused were convicted on the 23 of June 2022, that is when all these processes should have started,” Mosopa said before granting the postponement.
He, however, conceded that issuing an order for the expert witnesses to be present in court would not help as they have indicated that they are unavailable on Tuesday.
Earlier, lawyer for accused 1 and 2 Annelene van den Heever informed the court that the experts had prior-arrangement which prevented them to come to court.
“These arrangements were made a long time ago. We will be able to proceed tomorrow. The same experts are being used by all the accused. I suggest that they give evidence one time in respect of all the accused,” Van den Heever said.
But prosecutor Jennifer Cronje argued that there was enough time for the defence to prepare.
“The defence knew that the state would oppose these reports…Justice is being denied in this matter. I have spoken to Mrs Bozwana, the wife of the deceased, they want to see the matter finalised.
“We are not going to finish with this matter on Friday,” said Cronje.
In June, Mathibela, 36, Sipho Patrick Hudla, 40, Matamela Robert Mutapa, 46, and Bonginkosi Paul Khumalo, 42, were found guilty of killing Bozwana.
They were also convicted of the attempted murder of Mathibela's business partner Mpho Baloyi.
The four had pleaded not guilty to all charges relating to the shooting that happened on October 2 2015.
Mathibela was granted R50,000 bail in December 2016 while the other accused remained in custody.
He was, however, rearrested in 2019 after he violated his bail conditions, which were revoked and his bail money was forfeited to the state and has been in custody since.
dlaminip@sowetan.co.za
Sentencing proceedings in Khekhe's case delayed as experts fail to pitch
Image: Antonio Muchave
Sentencing proceedings in the case against the man known as Mamelodi’s Number 1 Tsotsi Vusi “Khekhe” Mathibela and his co-accused for the murder of North West businessman Wandile Bozwana have been rolled over to Wednesday after experts who were expected to give evidence were unable to come to court.
Judge Papi Mosopa ordered that the clinical psychologist and the social worker who have prepared reports for sentencing proceedings be present in court from Wednesday until conclusion.
Mosopa’s decision came after the defence on Tuesday asked the court to postpone the matter as the experts were not available.
The state opposed the application and instead asked the court to order the witnesses to come and testify in just two hours.
“Constitutionally, the accused are entitled to a speedy conclusion of their trial. It is not good that this matter has been going on for years…The defence had three months to finalise their report.
"The accused were convicted on the 23 of June 2022, that is when all these processes should have started,” Mosopa said before granting the postponement.
He, however, conceded that issuing an order for the expert witnesses to be present in court would not help as they have indicated that they are unavailable on Tuesday.
Earlier, lawyer for accused 1 and 2 Annelene van den Heever informed the court that the experts had prior-arrangement which prevented them to come to court.
“These arrangements were made a long time ago. We will be able to proceed tomorrow. The same experts are being used by all the accused. I suggest that they give evidence one time in respect of all the accused,” Van den Heever said.
But prosecutor Jennifer Cronje argued that there was enough time for the defence to prepare.
“The defence knew that the state would oppose these reports…Justice is being denied in this matter. I have spoken to Mrs Bozwana, the wife of the deceased, they want to see the matter finalised.
“We are not going to finish with this matter on Friday,” said Cronje.
In June, Mathibela, 36, Sipho Patrick Hudla, 40, Matamela Robert Mutapa, 46, and Bonginkosi Paul Khumalo, 42, were found guilty of killing Bozwana.
They were also convicted of the attempted murder of Mathibela's business partner Mpho Baloyi.
The four had pleaded not guilty to all charges relating to the shooting that happened on October 2 2015.
Mathibela was granted R50,000 bail in December 2016 while the other accused remained in custody.
He was, however, rearrested in 2019 after he violated his bail conditions, which were revoked and his bail money was forfeited to the state and has been in custody since.
dlaminip@sowetan.co.za
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