Judge schools attorney during KZN ANC murder case

2016-02-08 17:47


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Durban – A KwaZulu-Natal High Court judge on Monday delivered a lesson in legal procedure to a struggling Legal Aid attorney during final submissions in the trial of two men accused of a politically-motivated murder.

Judge King Ndlovu had since Friday identified problems with the final submissions of defence attorney Marian Pieterse.

Pieterse had been acting for Samuel Cele, 34, and Alex Mbhele, 32, both accused of a politically-motivated murder in the ANC’s Oshabeni ward, on the KwaZulu-Natal south coast, in 2012.

The two allegedly shot and killed Dumisani Malunga and Gabriel Chiliza as they were driving home on the evening of September 9. The local ANC had nominated Malunga for a ward councillor position in the area.

Ndlovu told Pieterse she was telling him principles of law he already knew.

“You need to tell me why I should side with the defence. You are regurgitating to me and not delivering any submissions. I need you to use the evidence that we have and direct me."

Pieterse asked the court to consider that the accused denied involvement in the murder. 

"These are final submissions in a politically motivated murder trial. Of course this man is going to deny what he is being accused of. It is your job to take the evidence and explain to me why it is in the favour of the defence," Ndlovu told her.

"Are you asking me to be satisfied with this?"

He hoped to deliver judgment on Thursday.

The court had heard how Cele and Mbhele, and now-imprisoned state witness Sifiso Khumalo, allegedly planned Malunga’s murder.

Khumalo, an ANC Youth League leader at the time, was convicted for his role in the crime after confessing to authorities in 2012. The State largely based its case on his testimony. 

Malunga and Khumalo were among four ANC members vying for the position of ward councillor for Oshabeni, Port Shepstone, after the previous councillor died.

Read more on:    anc  |  durban  |  crime

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