Director to decide on prosecution of Efata five

The case docket involving five Efata School for the Blind and Deaf pupils accused of murdering their deputy principal has been sent to the Director of Public Prosecutions (DPP) for a decision on whether to prosecute.

Prosecutor Noluthando Mgqibelo yesterday asked the Mthatha Magistrate’s Court for the case to be postponed to July 11.

Although defence lawyer Buntu Qakumbana did not object to the postponement, he asked for the state to reconsider relaxing his clients’ bail conditions which stipulated they report each Monday to a local police station in Mthatha.

Qakumbana argued that some of them stayed outside the city.

“Can they be allowed to visit the nearest police ,” he asked the court.

The five pupils – Luthando Silwana, Lunga Kimbili, Zukile Danti, Siwaphiwe Mabolekwa and Philasande Kinase – were arrested in November in connection with the fatal stabbing of Efata’s deputy principal Nodumo Mdleleni-Mzimane inside the school premises in July last year.

She was found lying in a pool of blood with the murder weapon still lodged in her back. The accused were subsequently given bail of R1000 each in February after spending more than three months in custody.

Despite the case yesterday progressing smoothly, there was one hiccup when sign language interpreter Asanda Khatshwa failed to turn up.

Parents and relatives were then asked to relay the information to the five accused with Magistrate Guzana Namba apologising for the situation, saying it was the fault of the state.

The case, which has attracted media attention, has been mired in controversy with several postponements. On one occasion, formal bail proceedings had to be called off after a senior state prosecutor complained about a non-functioning airconditioner.

The state was later accused of delaying the case while Deaf SA lamented the postponements, saying they were a violation of the rights of the accused.

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