Five Mthatha pupils arrested last year for allegedly murdering their deputy school principal will have to spend the whole of January behind bars.
This was after their case was postponed again yesterday – this time because the presiding magistrate was still on leave.
The accused: Luthando Silwana, 18, Lunga Khimbili, 23, and 21-year-old Zukile Danti – were arrested in November almost four months after the body of Efata School for the Blind and Deaf deputy principal Nodumo Mdleleni-Mzimane was found lying in a pool of blood with multiple stab wounds.
A knife was still lodged in the back of the 50-year-old victim.
A week later, two more Efata pupils Siwaphiwe Maboleka and Philasande Kinase, both 21, were also arrested in connection with Mzimane’s murder which took place in the school on July 28.
Yesterday the five suspects, who had spent the festive season behind bars, appeared relaxed as they were ushered into the dock in the crowded Court B in the Mthatha Magistrate’s Court. Senior state prosecutor Thembisa Ntloko asked magistrate Mdodana Nkokhelior for the case to be postponed to February 1 as presiding magistrate in the pupils’ case Zandile Mbilase was still on leave.
The defence did not oppose the state’s application for a postponement yesterday.
Deaf SA Eastern Cape provincial sign language co-ordinator Bulelwa Madikane complained that the accused had not been treated fairly since the case started because there was only one state sign language interpreter available used by both the state and the defence lawyer.
“There is no relay sign language interpreter.
“The lawyer is supposed to have an interpreter helping him out. It is very strenuous. You need at least two interpreters in court.”
The Daily Dispatch previously reported that the five accused protested against the use of one of the two state sign language interpreters when the formal application proceedings started last year.
In the end, only Nomthandazo Kleinbooi was able to continue with the case after the suspects said they were happy with her work.
But Madikane claimed yesterday that Kleinbooi was from East London and that the sign language dialect in Mthatha was totally different.
“Basically we have been listening to one side of the story because she does not properly understand sign language.
“There was a video shot here of the proceedings that we were told would be sent to Wits University to ascertain if the accused were being given a fair trial, but there have been no results on that yet. “What is puzzling is that the case is continuing despite that,” she added.
She said essentially the trial could be described as one-sided since the five suspects had not been given a fair shot to argue their case.
“Our national director did approach the Department of Justice about having a relay interpreter but nothing has been done yet. Their rights have been violated.”
Attempts to contact Justice spokesman Mthunzi Mhaga were unsuccessful yesterday. — sikhon@dispatch.co.za
Bail hearing for deaf pupils postponed
This was after their case was postponed again yesterday – this time because the presiding magistrate was still on leave.
The accused: Luthando Silwana, 18, Lunga Khimbili, 23, and 21-year-old Zukile Danti – were arrested in November almost four months after the body of Efata School for the Blind and Deaf deputy principal Nodumo Mdleleni-Mzimane was found lying in a pool of blood with multiple stab wounds.
A knife was still lodged in the back of the 50-year-old victim.
A week later, two more Efata pupils Siwaphiwe Maboleka and Philasande Kinase, both 21, were also arrested in connection with Mzimane’s murder which took place in the school on July 28.
Yesterday the five suspects, who had spent the festive season behind bars, appeared relaxed as they were ushered into the dock in the crowded Court B in the Mthatha Magistrate’s Court. Senior state prosecutor Thembisa Ntloko asked magistrate Mdodana Nkokhelior for the case to be postponed to February 1 as presiding magistrate in the pupils’ case Zandile Mbilase was still on leave.
The defence did not oppose the state’s application for a postponement yesterday.
Deaf SA Eastern Cape provincial sign language co-ordinator Bulelwa Madikane complained that the accused had not been treated fairly since the case started because there was only one state sign language interpreter available used by both the state and the defence lawyer.
“There is no relay sign language interpreter.
“The lawyer is supposed to have an interpreter helping him out. It is very strenuous. You need at least two interpreters in court.”
The Daily Dispatch previously reported that the five accused protested against the use of one of the two state sign language interpreters when the formal application proceedings started last year.
In the end, only Nomthandazo Kleinbooi was able to continue with the case after the suspects said they were happy with her work.
But Madikane claimed yesterday that Kleinbooi was from East London and that the sign language dialect in Mthatha was totally different.
“Basically we have been listening to one side of the story because she does not properly understand sign language.
“There was a video shot here of the proceedings that we were told would be sent to Wits University to ascertain if the accused were being given a fair trial, but there have been no results on that yet. “What is puzzling is that the case is continuing despite that,” she added.
She said essentially the trial could be described as one-sided since the five suspects had not been given a fair shot to argue their case.
“Our national director did approach the Department of Justice about having a relay interpreter but nothing has been done yet. Their rights have been violated.”
Attempts to contact Justice spokesman Mthunzi Mhaga were unsuccessful yesterday. — sikhon@dispatch.co.za
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos