The South Gauteng High Court in Johannesburg has dismissed an application by the fifth accused, Nthabiseng Nzama, to be excused from attending parts of the attempted murder trial of alleged underworld kingpin Vusimuzi ‘Cat’ Matlala.
Matlala and his co-accused are facing multiple charges linked to the attempted murders of actress Tebogo Thobejane and taxi boss Joe Sibanyoni, who were both shot and wounded in separate incidents. The State alleges Matlala orchestrated the attacks.
Nzama had asked the court to excuse her from attending the current phase of the trial, arguing that the evidence presently being led by the State does not relate to the charges she faces.
Her legal representative, Timothy Chauke, told the court that Nzama is charged with only three counts, which have not yet become the focus of the proceedings.
“I’m not touched in the remaining 22 counts, a substantial portion of the evidence to be led by the State,” Chauke argued.
“I have no direct interest or involvement in them. During the hearing of such evidence I remain present as an observer.”
Chauke also submitted that the lengthy trial was negatively affecting Nzama’s studies, saying she returned home physically and mentally exhausted after each day in court.
Although the State did not oppose the application, prosecutors pointed out that a BMW 335i allegedly used during the attempted murder of Sibanyoni was, at one stage, registered in Nzama’s name.
Presiding Judge Cassim Moosa found that the application did not fulfil the requirements of Section 159 of the Criminal Procedure Act, which permits an accused to be absent from court only in limited circumstances.
“Having read the documents filed of record, heard counsel, and having considered this matter, the following order is made. It is ordered that the application for the relief to be granted in terms of Section 159(2)(b) of the Criminal Procedure Act 51 of 1977 is hereby refused,” Moosa ruled.
The trial continues at the South Gauteng High Court, where the State is leading evidence against Matlala and his co-accused over the alleged conspiracy to murder Thobejane and Sibanyoni.
