Judge irked by postponements in sentencing of Wandile Bozwana's killers

The judge presiding over the case of four men convicted for the murder of North West businessman Wandile Bozwana voiced his frustration on Monday after postponing sentencing proceedings yet again due to the unavailability of a defence expert witness.

Taxi boss Vusi “Khekhe” Mathibela and co-accused Sipho Patrick Hudla, Matamela Robert Mutapa and Bonginkosi Paul Khumalo have been convicted and were back in court for the continuation of sentencing proceedings.

“According to the constitution, the accused are entitled to a speedy finalisation of their matter, but there has been problem after problem with this case,” judge Papi Mosopa said.

“This case has been ongoing since 2017, and there is no single day that I was absent. Even when there were deaths in my family, I remained committed.

“I hope this is the last postponement I grant on this matter. I don’t wish and hope that it goes to 2024.”

The four were convicted in June last year of murdering Bozwana and attempting to murder his business partner, Mpho Baloyi, on the Garsfontein off-ramp in Tshwane in October 2015.

There have been several delays in their sentencing proceedings.

On Monday the case had to be postponed again, as the defence expert witness was not available in court because she was sick.

Mosopa was not satisfied with the explanation given by the defence and questioned if they had consultations with her before Monday to check if all was still in order for her appearance.

The defence said no, they only discovered she was ill when she did not arrive in court.

State prosecutor advocate Jennifer Cronje questioned the conduct of the defence, saying it seemed of three attorneys, only one was in communication with the witness.

“It’s common cause the expert is for all witnesses. The state finds it shocking the only counsel that went to the trouble to convey the contents of the court order to the defence witness is Mr [Gerhard] Botha. The state requests a warrant to be issued.”

Mosopa issued a warrant of arrest for the witness, which will be held over till the next court appearance on July 19.

The court also issued an order for advocate Annelene van den Heever to be in court at the next appearance to formally withdraw as counsel for Hudla and Mutapa. This after the instructing attorney, Mpesi Makhanya, told the court Van den Heever has withdrawn from the case.

Mosopa was not impressed Van den Heever didn’t appear in court in person to formally withdraw from the case. 

“Her view was that there was no need for her to come and withdraw,” Makhanya said. 

Mosopa ordered Van den Heever be in court at the next appearance so she can formally withdraw from the case. 

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