Mfanafuthi Kunene, accused of murdering his former subordinate Ayabonga Mjilo, received a stark warning from the Durban High Court on Thursday.

Judge Mluleki Chithi cautioned Kunene that he would be forced to represent himself during trial if he continued to put his lawyers in positions necessitating their withdrawal.

Kunene is alleged to have killed Mjilo and buried her body in a shallow grave, cementing it at his home in iNanda in December 2024.

Upon his arrest, he is alleged to have told the police where he buried Mjilo, who was last seen leaving a restaurant in Umhlanga on December 24, 2024, with Kunene. 

The warning came after the judge learned that all lawyers in the Legal Aid South Africa Durban office had previously represented Kunene and were forced to withdraw due to conflicts of interest. 

This week, Legal Aid lawyer Musa Chiliza also had to withdraw after plea negotiations collapsed at the last minute, leading the State to proceed with the trial.

Judge Chithi explained that Chiliza could no longer deal with the matter objectively.

“I was advised that there isn’t a single lawyer in the Durban office who hasn’t represented you. Someone from private practice would have to be found to represent you,” Judge Chithi stated.

The judge patiently stressed to Kunene that repeatedly causing counsel to withdraw in the matter would result in his needing to represent himself.

While affirming Kunene’s right to legal representation, the judge emphasised that this right cannot be abused to the detriment of other rights, specifically the right to have the case begin and conclude promptly.

Previously, Kunene had indicated a guilty plea, but later changed his mind, forcing a prior lawyer to withdraw.

Judge Chithi indicated that the situation has not yet reached the point where a formal inquiry into the delays would be conducted.

However, he warned Kunene that if an inquiry were held and he were found to have unnecessarily delayed the matter, the court would not grant him any future indulgence.

“I want you to have, at the back of your mind, that you might not be allowed any future indulgence,” Judge Chithi warned.

He also reminded Kunene of Mjilo’s family’s rights, clarifying that Kunene’s right to legal representation does not supersede established protocols.

The matter was adjourned until Friday morning to allow lawyer TP Pillay to consult with Kunene and determine if he can take on the representation.

Judge Chithi noted: “There is a likelihood that if he decides to represent you, he would only be available next year.”

When asked if he had anything to say, Kunene said: “No.”

nomonde.zondi@inl.co.za

Source link