Legal Aid will be roped in to represent one of four accused charged with kidnapping and holding an 11-year-old boy for R1 million ransom this after the accused’s lawyer has not pitched to court twice delaying the start of the trial in the Ntuzuma Magistrate’s Court.
Durban — A Ntuzuma Magistrate has ordered that two accused in the kidnapping of a boy who was held for R1 million ransom get another lawyer to represent them.
This after their attorney failed to present himself before the court on Wednesday following an undertaking to do so on Tuesday.
Magistrate Mohamed Motala directed this order to two of the four accused who were before him on what was meant to be the second day of the trial into the child’s kidnapping.
On Wednesday was the second day that the lawyer for the two accused was not in court and the boy was to be the first witness to give evidence.
The boy was 11 years old in 2022 when he was kidnapped and his mother paid R90 000 ransom to his alleged kidnappers including his neighbour who is alleged to be the mastermind behind the crime.
Lindokuhle Mthokozisi Thabede, 29, Mvelo Khuzwayo, 29, Fisokuhle Mathews Mbatha, 32, and the 40-year-old neighbour of the child are alleged to have kidnapped the boy at gunpoint and kept him at a certain house and demanded R1m ransom from the child’s mother.
The child’s neighbour cannot be named to protect the identity of the minor child.
Lawyer B J Mbokazi who represents the neighbour and Mbatha could not be reached on the phone, on Tuesday indications were that he had not been placed in funds however on Wednesday Mbatha told the court that the lawyer had been paid the outstanding balance.
Lawyer Xolani Dlamini represents the other two accused.
Motala ordered that Mbokazi no longer represent anyone in the case as he had caused serious delays.
“The minor witness has to attend to his education, there has been a prejudice on the accused and other witnesses and now the trial can’t proceed until Mbatha and the accused four get a lawyer. I am duty-bound to give them the opportunity for legal representation. You (accused 4 and Mbatha) can \not continue with Mbokazi. Mbatha I appreciate that you have certain issues regarding funds, you need to take that up to him and recover your money but Mbokazi with this case,” said Motala.
He said that Mbokazi had already indicated a complete disregard for the court when Mbatha raised concerns that getting a new lawyer would mean furnishing the said lawyer with all the case particulars and still make time to consult afresh.
“You have to find a lawyer that will not behave in the same fashion that Mbokazi has. The prejudice that the witnesses and the other accused have suffered is the reason I have made this order… The choice of legal representation is up to the accused and if that’s a bad choice the court has to act. When the matter was set down he undertook to represent you in the trial and today he has failed to come to court. This after Dlamini had the decency to phone him and his undertaking to be here. I warned him he would be in trouble if he did not pitch,” said Motala.
Mbatha elected to apply for Legal Aid, this was while the neighbour chose to be represented by Dlamini.
“Mbokazi has proved to be very problematic, these are serious charges and I can’t ignore your right to legal representation,” Motala said to Mbatha.
The matter was adjourned to next week for Mbatha to be allocated Legal Aid representation and for Dlamini to consult with the accused neighbour.
Motala said there might have to be a further pre-trial once the two accused had sorted out their new representation and Legal Aid was given discoveries (statements and documentation) relating to the case and that it was likely the trial would take place during the next school holidays.
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