The Johannesburg Magistrate’s Court has dismissed Victor Majola’s application to compel the State to produce video footage allegedly linking him to the December killing of DJ Warras.

Magistrate Annalise Tlhapi said on Thursday that the content of the footage mirrors what the investigating officer has already testified, and that evidence from the officer constitutes admissible hearsay.

“Whatever is visible in that video footage amounts to what the investigating officer already said before the court,” Tlhapi said. 

“The rest will be guided by the forensic laboratory’s 212 statement, which the defence will have access to once it is completed.”

“Therefore, this court will not summon the video footage to be brought to court as evidence. Therefore, the application is dismissed. If both the state and the defence still have any sort of submission, they can do so,” she said.

Majola, 44, faces charges of murder, premeditated murder and conspiracy to commit murder after Warras was shot outside Johannesburg’s Zambesi Building on December 16.

The court had previously postponed Majola’s bail application to allow video footage from a nearby butchery to be produced. 

Tlhapi directed investigating officer Captain Abe Montwedi on Wednesday to contact the business owner to obtain a fresh copy of the footage, stressing the potential chain-of-custody issues with the SAPS forensic office in Pretoria.

Montwedi told the court that the butchery had retained the footage for only 10 days, and it had since been deleted after being handed to the police.

Majola’s lawyer, Dumisani Mabunda, argued that access to the footage was critical for the defence and that its absence could undermine the fairness of bail proceedings.

Montwedi also testified that further arrests were imminent, including that of Majola’s girlfriend, Hlengiwe, who investigators allege played a role in the events leading up to the murder.

Police say the killing stemmed from a rental dispute at the Zambesi Building, where DJ Warras had been appointed to manage the property after alleged illegal rent collection by Majola, Hlengiwe, and others.

On the day of the murder, Majola was reportedly seen near the building and later identified in an identity parade. 

Police warned that he poses a flight risk and could interfere with witnesses if released on bail.

Majola, who claimed to a self-employed taxi driver and father of 12, has denied the charges, saying the police arrested the wrong person.

simon.majadibodu@iol.co.za

IOL News

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