Dramatic scenes unfolded at the Pinetown Regional Court on Friday morning as the sentencing of three men convicted of a series of violent ATM robberies and attempted murder was once again delayed. 

The trio — Sthabiso Thusi, Scelokwakhe Xulu, and Nkosingiphile Gumede — complained to Magistrate Muntukayise Khumalo about the delays, with Gumede claiming the court was oppressing them.

The men, who vehemently denied committing the crimes or even knowing one another, are convicted of robbing individuals who had withdrawn large sums of money from ATMs, often shooting their victims. 

The weapon used in the attempted murders was the same firearm Gumede had used to kill ANC councillor Sibusiso Maphumulo in 2018. Gumede is currently serving a life sentence for that murder and others; Xulu is also serving a life sentence for an unrelated murder.

The sentencing proceedings have faced several setbacks. The first delay occurred when Xulu made a last-minute request for a pre-sentence report.

A second postponement was due to the unavailability of the trio’s lawyer, Cebo Mendlula, following a death in his family, and the outstanding pre-sentence report from social workers.

Senior State prosecutor, Advocate Elvis Gcweka, noted at the time that only the Correctional Services report was available.

On Friday, Gcweka informed the court that the social workers’ report was still outstanding. 

“There was an issue of jurisdiction. However, they have started working on it, but it is not complete, so they request about two weeks,” Gcweka told the court. 

Magistrate Khumalo, however, expressed mistrust, advising Gcweka to contact the social worker to confirm the report’s readiness, stating: “We can’t trust these people.”

The transcripts requested by the accused during the last appearance were finally made available to Mendlula. However, this development appeared to anger Xulu, who addressed the court to disavow his lawyer.

“There is a mistake that is happening here. He is not my lawyer; he has never been my lawyer. The court denied me having a lawyer, and I represented myself,” he insisted.

The tense atmosphere escalated when Thusi raised his hand, expressing his fatigue with the entire process.

“I am tired. Since 2020, I have been attending a case that I don’t know about with people that I don’t know. I don’t know these men,” he said, pointing at his co-accused. 

An angry Thusi reiterated that he was convicted for a crime he knew nothing about and was weary of the postponements.

Gumede added to the complaints, claiming the court was oppressing them. “We were forced to represent ourselves as people who have rights,” he argued.

Magistrate Khumalo maintained his composure and calmly told the trio he had hoped to finalise the matter last year.

As Gumede attempted to argue with him, Khumalo said he would have the opportunity to address the court during the pre-sentencing hearing scheduled for early February.

During the trial, both Xulu and Gumede repeatedly changed private lawyers. When they ran out of funds, they refused to apply for Legal Aid South Africa, leading the court to order that they represent themselves.

The matter is scheduled to proceed in early February.

nomonde.zondi@inl.co.za

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