News24

Jub Jub judgment postponed - again

2012-10-12 14:39

Johannesburg - The Protea Magistrate's Court concluded summing up the evidence of witnesses in the murder trial of musician Molemo "Jub Jub" Maarohanye and Themba Tshabalala on Friday.

Proceedings were delayed yet again, this time to Tuesday next week.

On Friday morning, proceedings started with the Soweto court listening to transcripts from Thursday to determine if the sound of the rain had affected the quality of the recordings.

The matter was postponed on Thursday when it began to rain.

Murder charges


Maarohanye and Tshabalala were allegedly drag-racing in Mdlalose Street, Protea North, on March 8, 2010 when they crashed into a group of schoolchildren.

Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola were killed. Frank Mlambo and Fumani Mushwana were seriously injured.

Maarohanye and Tshabalala are charged with murder, reckless driving, driving under the influence of drugs and alcohol, and failing to assess the injuries of the victims. Both accused pleaded not guilty to all the charges.

The courtroom was packed with some people having to stand.

Maarohanye, dressed in a velvet suit, and Tshabalala, in a dark suit, looked at Nemavhidi as he recalled evidence given in the trial that started in 2010.

Halfway through the morning's proceedings, a police officer was sent to check on Maarohanye as he sat with his head down. He signalled that he was fine and sat up.

Drug usage

Nemavhidi started handing down judgment on Wednesday, summarising the testimony of 20 witnesses.
The court recalled how both Maarohanye and Tshabalala blamed each other for the accident.

Maarohanye was sure his car had not hit the children while Tshabalala said he was not sure.

Evidence about drug usage was recounted and how, despite both saying they had not used drugs prior to the accident, morphine and cocaine was found in their systems.

An accident reconstruction expert concluded that the accident was caused due to over-steering, and the severity of the accident could have been avoided if they had kept to the 60km/h speed limit.

Friends and family of the schoolchildren, and of Tshabalala and Maarohanye, were present.

Comments
  • john.kirkwood.9619 - 2012-10-12 14:43

    this is taking to long, judge them already

      bloulig.brigadeer.3 - 2012-10-12 14:53

      Enjoy your last weekend as a free man Jub Jub... Pappa is going to be waiting for you as of next week!

      nishan.sitlu - 2012-10-12 15:00

      something seems suspicious here...

      marnusmnorval - 2012-10-12 15:04

      FFS SEND THEM TO JAIL AND GET IT OVER WITH

      warren.rodel - 2012-10-12 15:04

      jub Jub is in the tub with the judge, they are spooning!

      grant.callaway.50 - 2012-10-12 15:31

      Can you imagine if you were a parent of one of the victims, and the judge was taking the p!ss like this?? Regardless of the judgement, this judge is a knob!

      nicholas.graan - 2012-10-12 15:35

      No surprises here! Just symptomatic of how the whole trials' gone ....slow.... and painful. Why don't they just reserve judgement until the middle of next year? yawn.

      joe.irwin.50 - 2012-10-12 15:39

      The average Joe would have had a decision in less than an hour. Does not say much for me eh.

      rejeanne.nel.33 - 2012-10-12 15:43

      Judge is probably negotiating a bribe with Jub Jub to find him not guilty. That's why this is taking so long.

      shirley.steenkamp - 2012-10-12 16:20

      They should stop stop worrying about the rain-start delivering the pain!!! The poor families have been tortured long enough!

  • philani.goba - 2012-10-12 14:46

    I really dont understand what rain has to do with judgement..or are they sitting outside in the park??

      bloulig.brigadeer.3 - 2012-10-12 14:54

      They record the court sessions... I guess the rain is effecting the recording quality. The court must be a shack...

      hamish.drake1 - 2012-10-12 16:21

      The only way a recording would matter, was if there was no stenographer. The judgement is written, not played on CD. So maybe the recording equipment is the backup, to hearing it the 1st time

  • moko.brian - 2012-10-12 14:46

    I smell a rotten rat here. these boys wont do their time...

      Tee.Matimba - 2012-10-12 14:50

      Ofcos they wont...rule and laws are for us ordinary people.

      rodney.bevan.58 - 2012-10-13 11:13

      I think the judge is waiting for the bribe amount to go higher before giving his verdict.

  • justin.chimpe - 2012-10-12 14:47

    This things of jub jub is. The storie just play games......

  • charl.malan.12 - 2012-10-12 14:47

    Evidence will go missing over the weekend and the case will get thrown out next week!

      charl.malan.12 - 2012-10-12 15:24

      Well lets hope there is no appeal then

      deon.louw.7505 - 2012-10-12 15:37

      Or maybe the court is off to play golf?

  • mark.singh.9889 - 2012-10-12 14:47

    THe jusge is just prolonging he agony of the victims families.

  • carolyn.dewrance - 2012-10-12 14:51

    Scared of a little Rain, This is South Africa, and we do get rain so whats the next excuse?

      alice.pretorius - 2012-10-12 15:03

      A clear transcript of the proceedings is necessary should the accused, for instance, appeal against the sentence. It was not the rain, it was the noise

  • bonge.mpofu - 2012-10-12 14:51

    oh, boy here we go again

  • dono - 2012-10-12 14:53

    Morphine and vim?? Downer and an upper surely thats just wasting money?

  • Maestro - 2012-10-12 14:54

    How long is this going to take, The kids families have had enough now and I'm sure they want to put this matter (court case) to bed. Enough is enough the court must make a decision

  • warren.rodel - 2012-10-12 14:55

    Why? Because its Friday? This judge is not qualified, fire him!

      warren.rodel - 2012-10-12 14:56

      Yesterday it was postponed because it was raining, useless prick.

  • ignatius.makhura - 2012-10-12 14:57

    Yah neh i salute u'r inyanga or is magistrate bribed?

      mabhaji.sphiwe - 2012-10-12 16:17

      Jujub sangoma is working for now he wont survive they are preparing scaful for him in central

  • Forgotten - 2012-10-12 14:59

    Yea we knew it... pffft

  • ben.louw.5 - 2012-10-12 15:01

    weak system.

  • RhymeLegend - 2012-10-12 15:08

    This will probably be postponed next Tuesday.

  • stephen.j.dickson.3 - 2012-10-12 15:10

    Hand him over to the bereft families for justice.........bottom line

  • mart.botha - 2012-10-12 15:13

    Anyone else willing to take a stab at writing the script from here on out? My attempt has a long suffering friend of a friend of the bereaved applying a new brand of justice after an extremely innapropriate and short incarceration is the sentence that is handed down.

  • ignatius.makhura - 2012-10-12 15:13

    Watch and learn next week jub jub,themba or magistrate one of them will be booked sick for flu and will c another postponement

  • LekoF - 2012-10-12 15:17

    This is really not good at all - I feel they not considering the grieving families in this whole thing, you can't keep hearing about how your kid died again and again. Charge them as they are guilty and we all know they are so what's taking this long.

  • firstseed.mbeva - 2012-10-12 15:18

    Not surprised

  • jackie.m.dickson - 2012-10-12 15:18

    This is BS!!! Is this judge solar powered? Why postpone AGAIN? And they are still out on bail so they get ANOTHER weekend to party? BS!! Children died, Families will never be the same!!!! Why arent they in jail? Its almost 3 years ago now? What is wrong with our judicial sytem??? Come on!!!!!!!!!!!

      jackie.m.dickson - 2012-10-12 15:27

      O and another thing NEWS24 - take that crap picture off of the internet completely. There is no remorse there just a save my ass pose.

  • dickson.sithole.9 - 2012-10-12 15:21

    This spoiled brat is going to walk and Themba will take the blame, it took 2years already just for judgement and now this is also dragging. I hate this country sometimes,these killers must go to jail finish and klaar. They killed 4 kids because they are reckless and selfish.

  • nicolaas.vanschalkwyk.5 - 2012-10-12 15:21

    Seriously?WTF????????How damn long does it take to pronounce some one guilty?Is the judge being paid by the hour?

  • rasthami.m1 - 2012-10-12 15:21

    I smell a suspended sentence

  • m0760 - 2012-10-12 15:23

    those two are guilty why postpone

  • Eterni80 - 2012-10-12 15:25

    READ FASTER JUDGE !

      jl - 2012-10-12 16:54

      *magistrate

  • larry.piggott1 - 2012-10-12 15:30

    This whole thing now sucks big time. Whats deal is being done behind closed doors?

  • janefrancis.hey - 2012-10-12 15:31

    because of rain?!! sorry am i missing something?

  • lisa.c.Biermann - 2012-10-12 15:36

    whats the f hold up. lock them up now.... they killed innocent children and destroyed there families lives.. whats there to postpone

      deon.louw.7505 - 2012-10-12 15:40

      Where were the days when all people worked till 5 pm?

  • freetoryhme - 2012-10-12 15:41

    What the..what the f*** hell is going on in SA. Someone child is dead

  • elsje.botha - 2012-10-12 15:41

    "The matter was postponed on Thursday when it began to rain." And so, are they sitting outside? The rain lasted for 25 minutes maybe. They could have continued... And, is it going to rain on Monday? Why not continue then? Ridiculous - Just get it over with!

  • enlightened.bowman - 2012-10-12 15:45

    This is once again a demonstration of the ineptitude of this unspeakable country. Whikst there is no doubt, judging by the evidence that Jub Jub and his co accused are guilty of a heinous crime and, deserve the maximum possible sentence for what they did, I do believe that enough is enough. They should now be allowed to get on with their lives, which will and must be on the inside of a prison cell but to keep them in jeopardy like this, i my opinion is amounting to cruel and unusual delay. I am a firm advocate of the death penalty and believe that in this case, it could be applicable but I am also an advocate for speedy and fair procedures. You done the crime, do the time but, do not let the system reduce itself to the level of the accused. I may be very wrong in my view but I stand by it

  • samuel.thomas.3538 - 2012-10-12 15:57

    someone answer me please.is dis verdict read by a grade R kid.Humphreys case is long gone and forgotten,wats wrong wit dis one

      siphom.mnguni - 2012-10-12 16:26

      @Samuel.Thomas.3538:)there are 20 witnesses's statement to read, point out corroborations and contradictions. They reach a verdict. Too much to do too little time.

  • ituib - 2012-10-12 15:58

    Good people, in court the proceedings are being recorded by stenographers and the records must be audible, so try to understand that sometimes when it's raining those records may be negatively affected. Oh please...

      siphom.mnguni - 2012-10-12 16:16

      @ituib:)and to add on that those transcripts are crucial should they be found guilty, they are sent to the typist for hard copies should they lodge an appeal. The judges at the appeal court read transcripts they don't listen to the tapes to make their judgment.

  • kgetsi.mankge1 - 2012-10-12 15:58

    dis man is too slow to be a magistrate,if he finds dem guilty he is still going to take two weeks to pass sentences.

  • samuel.tshikovhi - 2012-10-12 15:59

    mr judge can you pls read faster or are u afraid to hand down the judgemnt. gv me the papers and will happili read it for u within minutes nt days.\r\n\r\ndont undastnd why ths case is alwys posponed? does it alsl rain insyd the court rooms.

  • Khetha Hlophe - 2012-10-12 16:04

    Why they do not postpone it to next winter

  • Jose - 2012-10-12 16:04

    Something strange about all these postponements I think. Seems as if the Judge is trying to give them some time at home before sending them to the slammer..!

  • joseph.liebenberg - 2012-10-12 16:07

    The reality in South African courts, especially Magistrates' Courts, is that practitioners are confronted with delays of the nature described in this article on a near daily basis. The reality is that the delay is porbably not the Magistrates' fault. He has an obligation to give a properly considered, well reasoned judgment. Indeed, many of you (in the long term) wouldn't want it any other way. Court starts at 9(read 10), tea is at 11, lunch is at 1, court closes at 4. The stenographer's and orderlies will quite happily refuse to work through their breaks. Also, technical glitches, given poor maintenance and training of employees, are frequent. I haven't practiced in this court, but there is a real possiblity it has a tin roof, hence the interference in the recordings. Please remember Jub Jub could get off on appeal if the State cannot put together a complete record of the judgment. Anyways, whatever, point is - please put the conspiracy theories aside for just a moment. Let the magistrate deliver a decent judgment. Let the wheels of justice turn, albeit slowly. They'll get what's coming. Peace out!

      jl - 2012-10-12 16:23

      Put more simply, there are only so many hours in a court day and when equipment/people don't work, you run out of them. And yes, there will be a further postponement for argument in respect of sentencing, and yes, another postponement for judgment on sentencing, and yes, both of them will more than likely be granted bail pending that process (dependent upon which crimes they are found guilty of). Fri - I hope and think Jub Jub will spend a good few years behind bars

      jl - 2012-10-12 16:59

      And also please accept that the use of the word "postponement" is somewhat inflammatory. It's simply: we didn't finish today, so we'll carry on tomorrow.

      mbongiseni.zulu - 2012-10-12 19:07

      I have the slightest of suspucions that you yourself are a judge, who may be part of the proceeding, or not.

      joseph.liebenberg - 2012-10-15 08:45

      @mbongiseni no no, firmly on the other side of the fence

  • painboy.double - 2012-10-12 16:10

    guys, money talks...damn thats a fact!!

  • anele.mveku - 2012-10-12 16:37

    The families of the victims should brace themselves for yet another year of ths trial considering the fact that thz stl mitigation of sentence to be done, Jub Jub myt get convicted ths year but he is defiantly not going to be sentenced this year. Our JUSTICE system, sometimes it fails the victims.

      jl - 2012-10-12 16:57

      It's not failing the victims. Failure would have been if this matter didn't run, if we never got to trial, if Jub Jub got off because a charge got lost. On the flip side, the longer this goes on the later in life Jub Jub will go to jail.

  • nicolas.cocolas.1 - 2012-10-12 16:50

    To The Justice System You should be ashamed of yourself. You are Nothing But Gutless Cowards!!!!

  • vusi.sindane - 2012-10-12 16:55

    Judge is waiting for proof of payment

  • phindile.zina - 2012-10-12 17:04

    Hopefully, it's their last weekend of boozing and taking drugs, but with our justice system, anything is possible.

  • john.m.mcdowall - 2012-10-12 17:05

    The Judge is an ass!

  • hermann.hanekom - 2012-10-12 17:57

    This is now becoming a joke, sorry Mr Judge.

  • Ntokozo Mdubeki - 2012-10-12 18:54

    It big No no no let be far ever 1 have mistakes but this 1 is too much. Why always they postpone the sentence even on tuesday there gonna postpone *sad* sorry for freins and family for children life goes on

  • irvin.mkhari - 2012-10-12 19:28

    let him suffer his own consequences,let him rote in prison.

  • brilo.sibanda - 2012-10-13 00:30

    The pain caused to the families is revived each day spent in court surely in 2years time the grieving would have passed.The hand of justice must be considerate whats done is done its either u lock them or u leave them enough is enough damnit

  • jacqui.daanevanrensburg - 2012-10-13 12:45

    No matter how guilty, or not, they deserve a conclusion to this case. Now I only hope crickets don't start singing outside the court on Thursday.