Johannesburg - High Court Judge Ratha Mokgoatlheng has issued a stern warning after the trial proceedings in the Senzo Meyiwa murder case had to be postponed due to the state witness claiming she was feeling unwell to proceed.
The warning came as the court was scheduled to give the legal counsel for the defence an opportunity to cross-examine the state’s first witness, Zandile Khumalo, the sister of songstress Kelly Khumalo.
Earlier in the day, Khumalo had finished recalling to the court her version of events on the day that the Orlando Pirates player was shot and killed on October 26, 2014.
Just as the court resumed following the lunch adjournment yesterday, state prosecutor George Baloyi requested a break as he alleged they had encountered problems with the accommodation provided for Khumalo.
After he returned, he informed the court that they were still trying to sort out the accommodation issues with the court manager; however, they would still request an adjournment of the matter as Khumalo had indicated that she was “not feeling well”.
“It is in the interest of both parties that we continue this matter to tomorrow. The witness is not feeling well. She told me that because of these problems and the accommodation, she is not psychologically ready to proceed today.”
Judge Mokgoatlheng was not too pleased with this request, as he continued to question why these issues were cropping up when the court was due to start with cross-examination.
“I was speaking with your assistant; she tells me the same problem arose in the past, Mr Sibanda. Maybe I am old school; I can’t tolerate this type of behaviour. A person comes to court and gives evidence, and when she has to be cross-examined, a problem arises that has nothing to do with the running of the court. How is this possible?
“Then I am told we must adjourn because the witness is not feeling well. Is that the reason or because there are problems with having paid for the accommodation?”
Baloyi, however, stressed that the main reason for the request for an adjournment was Khumalo’s not feeling well.
Judge Mokgoatlheng asked Khumalo what was wrong with her, to which she responded: “I have a pain in my chest, sir.”
The judge agreed to the adjournment, but not before recalling a similar incident he had dealt with 15 years earlier.
Judge Mokgoatlheng said he had an accused who came to court and suddenly got sick when he was due to be cross-examined, and said he had physical problems, asking the state to contact the district surgeon.
“They told me the district surgeon was not there, and they told me in terms of government regulations, you can’t hire a private doctor because you need three quotations from a private doctor and to take the least expensive."
“Guess what I did? I got a private doctor to examine the gentlemen, and I undertook to pay, and the doctor came from Carlton Centre, examined him, and pronounced he was just stressed because he was undergoing the trial; after that, the case went on.”
Baloyi swore that any further delays of this nature would not occur again.
The trial will proceed today.
The Star