Durban — Frustrations ran high at the Durban High Court on Tuesday when the trial concerning the murder of ANC KwaNdengezi branch leader Thulani Nxumalo was postponed because an attorney was not available.
Nxumalo and Partners attorney T Ncwane, who represented accused Nkosiyanda Ndlovu, sent a WhatsApp message to her colleague stating that she was not okay. Ncwane asked the court on October 14 to give her two days to consult with her client and to study the court transcripts.
Her colleague, Samkelisiwe Nxumalo, read out Ncwane’s text message to Judge Graham Lopes. Nxumalo said, “Hi Miss Nxumalo. Thank you very much for the opportunity you’ve given me. Life situations are not allowing me to be at work. Even now I am not yet okay. I’m sorry I was thinking that I would be okay in the morning when I woke up. I’m sorry for the short notice. I will bring the files once I’m able to do so, thanks a lot.”
Lopes said this was unfair to the other suspects, Felokwakhe Ndlovu and Nkosinathi Mbambo, as they have remained in custody since 2018.
The judge adjourned court for a few minutes to allow Nxumalo to communicate with Ncwane to find out if she’d withdrawn from the case. After a short break, Nxumalo told the court that Ncwane’s phone rang unanswered.
Nxumalo told the court that when she received Ncwane’s text message – which she first claimed to have seen on Sunday but later said she saw on Tuesday morning – she could not answer it.
Lopes asked her again and she said: “I saw the text message yesterday but I did not try to contact her because I was angry and did not want to speak with her.”
Lopes told the court that the case had dragged on for more than three years.
“So much work has gone into the preparation of this case. The plan was to finish with this matter as it has dragged for too long,” he said.
Advocate Lourens de Klerk, who is representing Felokwakhe, told the court that his client did not want things to be done hastily. He felt it was better to wait.
The advocates for Mbambo, Felokwakhe and the State advocate expressed their dissatisfaction with the delays. Lopes told the court that there were two options to solve this.
“We will give Nxumalo time to think and consult with her client to see if she can be able to continue with the case or hand it over to Legal Aid,” said Lopes.
Nkosiyanda Ndlovu told the court that he would like to get a new lawyer from Legal Aid. The matter was postponed to Thursday for Nkosiyanda to meet his new representative.
Daily News