There was drama in the Port St John’s Magistrate’s Court yesterday when 30-year-old Mandisi Gwanya, accused of killing his four-year-old nephew Kamvelihle Ngala, appeared in court.
First magistrate John Govender gave a Legal Aid lawyer a dressing down for failing to properly consult with the accused after it emerged he had first spoken to Gwanya just prior to his court appearance yesterday.
Govender denied a request by state prosecutor Justice Tsala to have Gwanya sent for mental observation.
Outside the packed courtroom, hundreds of pupils from Roman Catholic Junior Secondary and Port St Johns Junior Secondary School sang “Senzeni na (what have we done)”, calling for the suspect to be denied bail.
During his previous court appearance Gwanya indicated that he did not want any legal representation and did not want to be given bail.
During yesterday’s appearance, tensions ran high when Govender criticised the Legal Aid lawyer.
He questioned why the accused had not been visited by his legal representative in his jail cell.
“Someone should have visited him in jail,” he said, adding that in the interest of justice and fairness he was worried that it could create an impression that the suspect was being prejudiced.
Gwanya swore at a court interpreter, shouting obscenities when told that the state had requested a postponement.
At one stage, after being asked if he had had any visit from a Legal Aid lawyer while in custody, he interjected after the interpreter told the magistrate that Gwanya had said he had not seen nor spoken to a lawyer.
Speaking in eloquent English, Gwanya said, “a person who wants a lawyer is given a lawyer but I did not ask for any lawyer from Legal Aid”.
On the request that he be sent for mental observation, Govender told prosecutor Tsala that he did not see anything wrong with the accused.
The case was postponed to June 15 to allow for postmortem results and for a Legal Aid lawyer to do proper consultation with Gwanya.
Outside, scores of pupils were joined by members of the Port St Johns Creative Young Women Group and Port St Johns local municipality’s women’s caucus.
Xoliswa Rolo, convener of the protest, said anger was sweeping through the area and it would be in the best interests of justice not to grant Gwanya bail for his own safety.
Drama as child killing accused appears
First magistrate John Govender gave a Legal Aid lawyer a dressing down for failing to properly consult with the accused after it emerged he had first spoken to Gwanya just prior to his court appearance yesterday.
Govender denied a request by state prosecutor Justice Tsala to have Gwanya sent for mental observation.
Outside the packed courtroom, hundreds of pupils from Roman Catholic Junior Secondary and Port St Johns Junior Secondary School sang “Senzeni na (what have we done)”, calling for the suspect to be denied bail.
During his previous court appearance Gwanya indicated that he did not want any legal representation and did not want to be given bail.
During yesterday’s appearance, tensions ran high when Govender criticised the Legal Aid lawyer.
He questioned why the accused had not been visited by his legal representative in his jail cell.
“Someone should have visited him in jail,” he said, adding that in the interest of justice and fairness he was worried that it could create an impression that the suspect was being prejudiced.
Gwanya swore at a court interpreter, shouting obscenities when told that the state had requested a postponement.
At one stage, after being asked if he had had any visit from a Legal Aid lawyer while in custody, he interjected after the interpreter told the magistrate that Gwanya had said he had not seen nor spoken to a lawyer.
Speaking in eloquent English, Gwanya said, “a person who wants a lawyer is given a lawyer but I did not ask for any lawyer from Legal Aid”.
On the request that he be sent for mental observation, Govender told prosecutor Tsala that he did not see anything wrong with the accused.
The case was postponed to June 15 to allow for postmortem results and for a Legal Aid lawyer to do proper consultation with Gwanya.
Outside, scores of pupils were joined by members of the Port St Johns Creative Young Women Group and Port St Johns local municipality’s women’s caucus.
Xoliswa Rolo, convener of the protest, said anger was sweeping through the area and it would be in the best interests of justice not to grant Gwanya bail for his own safety.
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