Lawyers representing Vusi “Khekhe” Mathibela are expected to argue on Thursday that correctional services is in contempt of court for keeping him at the C-Max section of the Kgosi Mampuru II Correctional Centre in Pretoria for months in spite of an order for his release to a normal cell.
Wednesday's court proceedings were delayed by an hour as officers responsible for moving Mathibela and his three co-accused had to wait longer after prison officials moved him on Tuesday to the normal part of the prison.
Prison officials told Judge Papi Masupa that Mathibela had been moved to the normal section of Kgosi Mampuru and they had to wait for a long time to get him together with other prisoners.
Mathibela’s move from C-Max happened on the day his lawyers filed papers on an urgent basis for contempt of court against the department. This matter is expected to be heard on Thursday.
Mathibela was granted the order to be moved from C-Max in early August but for some reason it was not implemented.
He has been in solitary confinement, as is the case with the three co-accused, since June when the court found him guilty of killing North West businessman Wandile Bozwana.
Anneline van den Heever for accused one and two said they would also be making similar moves for Mathibela’s co-accused.
“We are busy drafting letters for the other accused also to be moved,” Van den Heever said after court proceedings.
In June, Sipho Patric Hudla, 40, Matamela Robert Mutapa, 46, Mathibela, 36, and Bonginkosi Paul Khumalo, 42, were found guilty of killing Bozwana. They were also convicted of the attempted murder of Bozwana’s business partner Mpho Baloyi.
The four pleaded not guilty to all charges relating to the October 2 2015 shooting.
During pre-sentencing proceedings yesterday, a clinical psychologist who assessed Mathibela said he was suffering from depression and anxiety.
The expert witness, to whom the court granted her wish not to be named, said he had been taking antidepressants since the beginning of the year. She said Mathibela showed symptoms of major depression.
“He showed sadness, pessimism, loss of pleasure, guilt feelings, punishment feelings, self-dislike, suicidal thoughts, crying, agitation, loss of energy, changes in sleep pattern, irritability, changes in appetite, concentration difficulty and fatigue,” she said.
The expert said Mathibela had informed him that spending three and a half years in prison made him feel powerless, hopeless and despondent.
Earlier, the expert informed the court that Hudla, who is accused number one, also had moderate depression and anxiety.
Pre-sentencing proceedings continue.
dlaminip@sowetan.co.za
Khekhe moved out of C-Max after long delay
Bozwana killer lodges contempt of court case against correctional services
Image: THULANI MBELE
Lawyers representing Vusi “Khekhe” Mathibela are expected to argue on Thursday that correctional services is in contempt of court for keeping him at the C-Max section of the Kgosi Mampuru II Correctional Centre in Pretoria for months in spite of an order for his release to a normal cell.
Wednesday's court proceedings were delayed by an hour as officers responsible for moving Mathibela and his three co-accused had to wait longer after prison officials moved him on Tuesday to the normal part of the prison.
Prison officials told Judge Papi Masupa that Mathibela had been moved to the normal section of Kgosi Mampuru and they had to wait for a long time to get him together with other prisoners.
Mathibela’s move from C-Max happened on the day his lawyers filed papers on an urgent basis for contempt of court against the department. This matter is expected to be heard on Thursday.
Mathibela was granted the order to be moved from C-Max in early August but for some reason it was not implemented.
He has been in solitary confinement, as is the case with the three co-accused, since June when the court found him guilty of killing North West businessman Wandile Bozwana.
Anneline van den Heever for accused one and two said they would also be making similar moves for Mathibela’s co-accused.
“We are busy drafting letters for the other accused also to be moved,” Van den Heever said after court proceedings.
In June, Sipho Patric Hudla, 40, Matamela Robert Mutapa, 46, Mathibela, 36, and Bonginkosi Paul Khumalo, 42, were found guilty of killing Bozwana. They were also convicted of the attempted murder of Bozwana’s business partner Mpho Baloyi.
The four pleaded not guilty to all charges relating to the October 2 2015 shooting.
During pre-sentencing proceedings yesterday, a clinical psychologist who assessed Mathibela said he was suffering from depression and anxiety.
The expert witness, to whom the court granted her wish not to be named, said he had been taking antidepressants since the beginning of the year. She said Mathibela showed symptoms of major depression.
“He showed sadness, pessimism, loss of pleasure, guilt feelings, punishment feelings, self-dislike, suicidal thoughts, crying, agitation, loss of energy, changes in sleep pattern, irritability, changes in appetite, concentration difficulty and fatigue,” she said.
The expert said Mathibela had informed him that spending three and a half years in prison made him feel powerless, hopeless and despondent.
Earlier, the expert informed the court that Hudla, who is accused number one, also had moderate depression and anxiety.
Pre-sentencing proceedings continue.
dlaminip@sowetan.co.za
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