Durban — There will be no pictures taken of the man accused in the murder trial of a teen activist who was shot and killed in 1989.
The Durban Magistrate’s Court made this ruling before the trial started.
Gugulethu Wesley “Matiri” Madonsela, alleged by the State to have been affiliated with an A-Team that worked with the Natal Security Branch, is charged with the alleged murder of 17-year-old activist Siphelele Nxumalo.
Shot and killed in Chesterville, the teen died as a result of multiple gunshot wounds. At the time, he was an activist with the United Democratic Front (UDF), affiliated with the ANC.
Newsroom Afrika’s application was to record proceedings, for the media to take pictures before and after proceedings. Senior state prosecutor advocate SH Ngcobo and defence attorney Bongani Cele were not opposed to the application, but both requested limitations be set should the application be granted, these being that recording and picture taking not interrupt proceedings.
“As a result of the application, the court is of the view that the following must happen: the application is granted only in respect of audio. There are to be no cameras and pictures taken for the safety of the accused as well as witnesses. It will not be in the interests of justice to expose the identity of the accused and the witnesses.
“I have to advise you that before trial starts it’s a requirement of the law that the presiding officer must be assisted by two assessors unless you, as you have told the court, say that the trial proceeds without assessors. There’s also an option that as a presiding officer I use my own discretion to seek assessors if need be,” said Khumalo to Madonsela before the start of the trial on Monday.
He explained that assessors were people not trained in law.
“They sit with the magistrate here, one on the right and the other on the left during the trial. They listen to all the evidence presented before the court, and at the end of the trial they give the court their own independent opinion. This helps the court to make a just decision. These assessors have nothing to do with me, they are not my colleagues, I’m not working with them, I don’t know them and they are not familiar with the merits of the case. They come and sit, listen, and advise the court.
“Their decision is based on facts of the matter before the court, not on the law, because that is solely the role of the magistrate. Do you still not want assessors?” asked Khumalo.
Madonsela, who has pleaded not guilty with no plea explanation, confirmed that he would proceed with the trial without assessors.
In his opening address to the court, Ngcobo said the accused was charged with an old matter currently handled by a TRC unit.
“There will be evidence from the investigating officer indicating the powers and jurisdiction of the unit handling the investigation in terms of the report relating to the death of the deceased.
“When the matter occurred there was an arrest and prosecution which did not include the accused before the court. He (the investigating officer) will testify to this. He will explain the CAS numbers in this regard and the current CAS number as per the charge sheet after the matter was re-registered after it had been pending for over 20 years.”
He said that the State would rely on the evidence of Phumelele Miya, who would testify as a witness to the incident and identity perpetrators not limited to, but including, the accused.
“She will testify to the circumstances of the commission of the offence and those prior to the offence and those after. Miya was about 16 years old at the time, and she is now a major.”
The trial sits again on Friday.
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