Tell me, where is justice?

2295 Octavia Mbentse, followed by her cousin Betty Mabokachaba as they leave the Roodepoort Magistrates Court after their case was postponed for the fifth time. Mbentse was beaten up by a taxi driver last year for driving too slowly. Roodepoort, Johannesburg. 181011 - Picture: Jennifer Bruce

2295 Octavia Mbentse, followed by her cousin Betty Mabokachaba as they leave the Roodepoort Magistrates Court after their case was postponed for the fifth time. Mbentse was beaten up by a taxi driver last year for driving too slowly. Roodepoort, Johannesburg. 181011 - Picture: Jennifer Bruce

Published Oct 19, 2011

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Botho Molosankwe

T HE WHEELS of justice are grinding painfully slowly for a Soweto woman who suffered multiple injuries 14 months ago, allegedly at the hands of a taxi driver.

The accused, Ayanda Hlatsh-wayo, allegedly yanked her out of her car as she sat inside, breaking the seatbelt. He then punched her in the face, fracturing her cheekbone and giving her black eyes.

Octavia Mbentse fell, shattering a knee. As she lay there, Hlatsh-wayo allegedly carried on kicking her, breaking her left arm and still kicked her as she lay unconscious in the dirt road.

The extent of her injuries was so severe that Mbentse spent a month in hospital, a week of that in the intensive care unit. The medical bill was over R84 000.

Her crime? To drive slowly on a dirt road filled with potholes.

The attack occurred in August 2010 in Bramfischerville.

She said Hlatshwayo, who was driving behind her, kept hooting and eventually overtook her.

He allegedly stopped in front of her, blocking her car, and then assaulted her.

Today she has pins in her knee. She goes to the hospital every third week for blood clots to be drained so they don’t move to her brain, which could be fatal. She is also scheduled to have recontructive surgery to her cheekbone.

Hlatshwayo was charged with assault with intent to do grievous bodily harm, but did not have to post bail. Since the attack, the matter is yet to go to trial despite going to court five times.

Mbentse said Hlatshwayo’s lawyer was absent during the past three court appearances.

“The matter first went to court on November 11 and was postponed. It was back in court on February 7, but the lawyer was not there. We were told he was ill.

“On May 10 he was not in court again and we heard it was because he was writing an exam.

“The matter stood over to July 27, when he was also absent, as he was apparently ill,” Mbentse said.

“I was subpoenaed to return to court on Friday October 14, but when I got here, the matter was not on the roll. I was told it would be back in court on October 18,” she said yesterday, speaking outside the Roodepoort Magistrate’s Court.

Mbentse was disappointed when the case was postponed yet again. This time, she said, it was Hlatshwayo who was allegedly sick.

Mbentse said when she asked prosecutor Leonard Dakile the reason for the postponement, he told her Hlatshwayo’s lawyer Mohale Sepamla had submitted a sick note stating that he was not well.

Dakile declined to speak to the media and referred queries to the National Prosecuting Authority’s Mthunzi Mhaga, who was not able to answer The Star’s questions.

Sepamla, however, claims that his client was in court yesterday and that the sick note was for the previous time when was unable to attend.

The case has been postponed to December 5 for trial.

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