The Durban Magistrate’s Court has described the conduct of an advocate as disgusting, as the murder case of a South African Container Depot (SACD) worker keeps on getting delayed due to the counsel being a no-show in court. 

Advocate Andile Thusi is representing four men, Sicelo Nyawo, 33, Lucky Luthuli, 54, Nkosinathi Ngcongo, 43, Emmanuel Mthokozisi ‘Grey’ Zungu, 46, who are accused of murdering their colleague Sanele Jerome Gasa.

On Wednesday, Sipho Mkhize, the attorney instructing Thusi, asked the court to stand the matter down until 2pm, as he was currently at the doctor’s and would come to court once he finished.

The court was supposed to hear arguments and make its ruling on the bail application of the accused. 

However, Magistrate Ashwin Singh said the last time Mkhize asked for the matter to be stood down as Thusi kept on saying he was on his way.

He said they had to wait for him the whole day, but he did not pitch, adding that the matter had been postponed three times because of Thusi.

“His conduct is unprofessional and disgusting,” Magistrate Singh said. 

State prosecutor, Calvin Govender, opposed Mkhize’s application to have the matter stood down and instead asked the court to postpone the matter to another date. 

“We are not sure of the state Mr Thusi would be in when he gets here. I am not trying to be difficult,” Govender said. 

Magistrate Singh reminded Mkhize that when they were in the corridors talking about this matter, someone said the matter had been delayed for too long. 

“If that person is here (in the gallery), I would like to tell them that the matter is not being delayed by this court but by Mr Thusi,” he said. 

Additionally, the magistrate said he does not understand how Thusi sleeps at night while he is delaying his clients, the families, and wasting their money. 

“This is not a money-making scheme. I am not affected because I am here, but his clients get affected,” he said. 

He ordered Mkhize to tell Thusi that should he fail to appear in court next time, he would report him to the relevant authorities. 

Magistrate Singh provisionally postponed the matter to July 16 for Thusi to explain why he was not in court with proof. 

The accused, who looked unimpressed, were workers of the SACD and had been retrenched earlier this year. They allegedly killed Gasa, who was not retrenched, on January 7, 2025. 

nomonde.zondi@inl.co.za

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