The bail application for five Efata School for the Blind and Deaf pupils accused of murdering their deputy school principal will start again.
The Mthatha Magistrate’s Court yesterday heard that two of the accused did not understand the sign language interpreter.
Last week the case could not proceed after the department of justice failed to provide a sign language interpreter, which sparked a war of words between the presiding magistrate, state prosecutor and defence lawyer.
The accused – Luthando Silwana, Lunga Khimbili, Zukile Danti, Siwaphiwe Mabolekwa and Philasande Kinase – have been in jail since they were arrested in November following the murder of their deputy principal Nodumo Mdleleni-Mzimane on the school premises in July 2015.
Since the case started on November 9, three sign language interpreters have been hired to interpret in the bail application.
Interpreter Nomthandazo Kleinbooi, who works for the department of justice in Peddie, was yesterday officially excused after the accused said they did not understand her.
Kleinbooi in turn said she did not understand some of their signs.
A new, independent, sign language interpreter, Asanda Katshwa, was then introduced to the court.
Katshwa has an honours degree in interpreting and translation, specialising in South African sign language.
The accused’s defence team – Buntu Qakumbana and Zweli Fapaza – requested presiding magistrate Zandile Mbilase start the bail hearing from the beginning as there had been some discrepancies in the previous appearances with the rights of the accused infringed because the two previous interpreters were not well understood by the accused.
But senior state prosecutor Thembisa Ntloko objected.
“From the start the accused were told that if there was something that they do not understand in the proceedings that must be raised with the court or their attorney.
“Where did they first not understand the proceedings? Starting the matter will waste a lot of time and keep the accused in custody,” said Ntloko.
She said the matter could only start afresh if the presiding officer passed on or was incapacitated and that could only be done by the High Court in a special review.
Mbilase questioned two of the accused – who have already made their evidence-in chief and cross examined by the state – asking if they had understood the processes and both replied that they did not fully understand them.
Both also denied that they were ever told to raise any concerns with the court.
Mbilase said she would not send the matter for special review, but would have the hearing start afresh. The matter was postponed to February 24.
Mdleleni-Mzimane’s death left staff and pupils from Efata in shock. Mdleleni-Mzimane was found lying face down on the floor at around 5pm. She had four stab wounds in her back.
Deaf Mthatha pupils set to return to court
The Mthatha Magistrate’s Court yesterday heard that two of the accused did not understand the sign language interpreter.
Last week the case could not proceed after the department of justice failed to provide a sign language interpreter, which sparked a war of words between the presiding magistrate, state prosecutor and defence lawyer.
The accused – Luthando Silwana, Lunga Khimbili, Zukile Danti, Siwaphiwe Mabolekwa and Philasande Kinase – have been in jail since they were arrested in November following the murder of their deputy principal Nodumo Mdleleni-Mzimane on the school premises in July 2015.
Since the case started on November 9, three sign language interpreters have been hired to interpret in the bail application.
Interpreter Nomthandazo Kleinbooi, who works for the department of justice in Peddie, was yesterday officially excused after the accused said they did not understand her.
Kleinbooi in turn said she did not understand some of their signs.
A new, independent, sign language interpreter, Asanda Katshwa, was then introduced to the court.
Katshwa has an honours degree in interpreting and translation, specialising in South African sign language.
The accused’s defence team – Buntu Qakumbana and Zweli Fapaza – requested presiding magistrate Zandile Mbilase start the bail hearing from the beginning as there had been some discrepancies in the previous appearances with the rights of the accused infringed because the two previous interpreters were not well understood by the accused.
But senior state prosecutor Thembisa Ntloko objected.
“From the start the accused were told that if there was something that they do not understand in the proceedings that must be raised with the court or their attorney.
“Where did they first not understand the proceedings? Starting the matter will waste a lot of time and keep the accused in custody,” said Ntloko.
She said the matter could only start afresh if the presiding officer passed on or was incapacitated and that could only be done by the High Court in a special review.
Mbilase questioned two of the accused – who have already made their evidence-in chief and cross examined by the state – asking if they had understood the processes and both replied that they did not fully understand them.
Both also denied that they were ever told to raise any concerns with the court.
Mbilase said she would not send the matter for special review, but would have the hearing start afresh. The matter was postponed to February 24.
Mdleleni-Mzimane’s death left staff and pupils from Efata in shock. Mdleleni-Mzimane was found lying face down on the floor at around 5pm. She had four stab wounds in her back.
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