The Middelburg High Court had decided to continue to trial Thokozani Msibi, accused of killing 13 year-old Gabisile Shabane living with albinism, without legal representative.
This follows a third time-delaying stunt pulled by Msibi in an attempt to evade being prosecuted. On Wednesday, Msibi’s new legal representative Musa Mavasa, from Legal Aid, told court about some disagreements during consultation with Msibi in preparation for trial.
A week ago Msibi fired his lawyer Verner Smit citing disagreements. Smit was the second lawyer to be fired by the self-appointed Sangoma.
“The court has decided you will have to represent yourself from when the trial starts to finish,” said Judge Heinrich Brauckmann. This Court has wasted enough time. I cannot allow you to keep changing lawyers more than you did. This is for the last time. You must remember that justice delayed is justice denied,” the Judge said.
The trial is set to begin from 4 October to 12 November this year.
“If this date comes and you still have not decided who should represent you, the court will proceed with the trial,” said Judge Brauckmann.
Msibi, Knowledge Mhlanga and Brilliant Mkhize, are facing charges of murder, kidnapping, housebreaking with intent to commit murder and violation of a corpse after allegedly abducting Gabisile Shabane and 15 month-old baby cousin Nkosikhona Ngwenya at Hlalanikane in eMalahleni in 2018 for muthi purposes.
They allegedly wanted Gabisile’s body parts for muthi purposes. After killing her, they chopped her body parts and dumped her body in a shallow grave. Nkosikhona who was abducted by mistake thinking he also had albinism, was found drowned in a river under a bridge next to N4.
Fourth suspect, Themba Thubane, who admitted to killing Shabane and pleaded guilty to all charges, is currently serving two life sentences after the court found him guilty in August 2019 while the trio pleaded not guilty.
The delays have also sparked fears amongst the people living with albinism. Mbongeni Zulu and Millicent Magadhle from Melokuhle Albinism Foundation told the Highveld Chronicle their safety is not guaranteed.
“We are no longer feeling safe in the community because we don’t know if Msibi still got some people whom he communicates with to look for other people with albinism,” they said. “We want this case to be concluded so that the affected family can find the closure,” they said.
The National Prosecuting Authority (NPA) said it will not allow further delays. “As the NPA we view this as delaying tactics, we will not allow further delays because we want to bring this matter into finality,” said spokesperson, Monica Nyuswa.
