Another delay in inquiry into mental fitness

A formal inquiry into the mental wellness of attempted murder accused Daluxolo Nyovane, 27, was delayed in the Mdantsane Magistrate’s Court yesterday when his family withdrew the service of a Legal Aid attorney.

The family has now appointed advocate Thozama Mduba to represent Nyovane.

The inquiry was set down for Monday.

Presiding magistrate Twanet Olivier granted the postponement only because it was Mduba’s first court appearance yesterday, but added:

“I urge everyone to proceed on that day as matters of this nature need to be dealt with on an urgent basis.”

Nyovane, who was declared unfit to stand trial by a state psychiatrist last week, appeared in court yesterday wearing the same clothes he has been wearing since last week. This was the third time he has been remanded in custody.

The psychiatrist found that Nyovane was “incapable of following court proceedings”.

However, the director of public prosecutions in Grahamstown has decided that a regional court should conduct its own inquiry into his mental state before making a final decision.

A family member also attended the proceedings but did not speak to Nyovane in the courtroom.

He has been in custody since December after he allegedly put a five-year-old boy into coma by smashing his head against the road.

Nyovane was arrested three days after Christmas after he allegedly walked up to Lathitha Makeleni in NU3, grabbed him around the throat, lifted the youngster off the ground and slammed him head-first into the tar.

Lathitha was playing in a street outside his home with friends. He was in a coma for a month and never fully recovered. — zwangam@dispatch.co.za

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