Concerns as a trial of alleged hitmen charged with 15 murders faces delays due to a lawyer who also acts as a Magistrate has been a no-show at the Durban High Court. 

The lawyer has ‘failed’ to formally excuse himself from the case. The murders include the mass shooting at Durban’s iNanda, which resulted in the death of six people. 

The said lawyer, Sthembiso Nkatha, represents Sbonelo “Madanon” Wiseman Shangase. Shangase is charged alongside Thalente Mkhize. They together face 28 charges, including the 15 murders, robberies, attempted murders, possession of firearms and ammunition, and kidnapping. Their trial was scheduled to run from July 21 to August 22; however, on Monday, the matter could not commence as Nkatha was not present. 

Additionally, last year, the pre-trial of the men faced delays due to Shangase’s payment issues with Nkatha. However, despite all of that, Nkatha committed to Judge Bruce Bedderson that he would continue representing Shangase after he was assured of payment. 

Judge Bedderson warned Nkatha that by agreeing to continue representing his client, “he was handcuffed to the train and wouldn’t be able to jump off.” 

Moreover, last year, when Shangase had failed to pay Nkatha, the court had warned him that he would represent himself. On Monday, he applied for legal Aid as Nkatha was a no-show. 

On Thursday, Shangase made a brief appearance at the high court before Judge Jacqueline Henriques, who asked him if Nkatha had contacted him regarding funds. 

“Is there a possibility that he may have contacted members of your family?” she asked. 

Shangase seemed to be in the dark. Judge Henriques asked him if any of his family members were present in court. Shangase turned back to look at the gallery and responded by telling the Judge that no one was there. 

She asked Shangase if he had consulted with Nkatha before July 21, and he said no. Judge Henriques, who looked concerned and kept on brushing her hair with her hand and seemed frustrated, asked again when Shangase had a consultation with Nkatha. Shangase said it was before the end of 2024. 

Additionally, it had been said that Nkatha withdrew his services due to non-payment; however, the State senior prosecutor, advocate Krishen Shah, told Judge Henriques that he had not received an email from Nkatha stating that. 

He said in the past weeks he had emailed Nkatha and advocate Phumelele Daniso from Legal Aid additional statements, and it was delivered to both of them. Daniso is representing Mkhize. 

“There was no response from Nkatha,” he said. 

Shah confirmed to Judge Henriques that Nkatha acts as a magistrate. Judge Henriques asked Shah to forward her the email he had sent to Nkatha and delivery receipts. He adjourned the matter to Monday for Shangase’s legal representation issue.

nomonde.zondi@inl.co.za

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