Dramatic scenes unfolded at the Durban High Court this week when Judge President Thoba Poyo-Dlwati warned a murder accused that she would not allow him to prejudice his co-accused or further delay justice for the grieving families of two Durban metro police officers and an ANC Youth League secretary by appearing in court without legal representation.
The accused, Thulani Holly Shozi, had previously been urged by the Judge President to resolve his legal representation. However, her repeated warnings appeared to have fallen on deaf ears.
Shozi is set to stand trial alongside Fana Shabalala, Zamokuhle Mnyandu, Sandile Msezane, and Ntando Blose on charges relating to the 2020 murders of Thamsanqa Gcabashe, Lindokuhle Madonsela, and Ndumiso Thusi in Mpumalanga township, Hammarsdale, KwaZulu-Natal.
Gcabashe and Madonsela were ANC members, with Gcabashe having been elected ANC Youth League secretary in February 2020. Madonsela and Thusi were also employed as Durban Metro Police officers.
During a pre-trial conference in June, Shozi, who is out on bail, informed the court that he had not paid his attorney, X Ntshulwana. The attorney subsequently indicated that he would no longer represent Shozi due to the outstanding fees.
When the matter returned to court this week, Shozi told the Judge President that he had since paid Ntshulwana and even produced proof of payment.
However, Deputy Director of Public Prosecutions Advocate Lawrence Gcaba clarified that the payment related only to fees owed for Ntshulwana’s previous appearances, not to representing Shozi in the current proceedings.
Gcaba further told the court that before proceedings began, he had asked Shozi whether his attorney was on his way, to which Shozi replied that Ntshulwana was “just parking his vehicle” at court.
When questioned by the court whether he had paid Ntshulwana to appear on the day, Shozi conceded that he merely had the money on him.
“He was supposed to have been paid on the last occasion so that we could proceed with the pre-trial conference, and he is not here,” Judge President Poyo-Dlwati remarked.
She reminded Shozi that he was not the only accused in the matter and that his conduct was unfair to his co-accused and the victims’ families, who had been waiting for justice.
“I am not going to grant a postponement,” she said. “I will stand the matter down and give you one hour to return with a lawyer.”
“I am here for the whole day,” the Judge President added.
She indicated that another courtroom could be arranged once she had concluded the other matters on her roll.
“We cannot be held up by one person when there are four other accused who are paying for their legal representatives to be here. We cannot keep going back and forth. You must be back here with a lawyer in an hour,” Poyo-Dlwati said before standing the matter down.
During previous pre-trial conferences, the Judge President had repeatedly cautioned legal representatives against unnecessary delays, stressing that both the accused and the victims’ families were entitled to have the matter finalised without undue postponements.
When the case resumed, Shozi elected to be represented by Legal Aid South Africa. The matter was subsequently postponed to August 13 for the completion of the pre-trial conference.
Meanwhile, in a significant development in the case, KwaZulu-Natal police spokesperson Colonel Robert Netshiunda confirmed that the Political Killings Task Team arrested a well-known traditional healer from KwaMashu on Friday for allegedly orchestrating the murders of Madonsela, Thusi, and Gcabashe.
“The arrest follows an extensive investigation into the triple murders. The alleged mastermind is expected to make his first appearance in the Hammarsdale Magistrate’s Court on Monday,” Netshiunda said.
