Dumisani Mkhwanazi is alleged to have assaulted and strangled Palesa Madiba then buried her in a shallow grave. File Picture: Bhekikhaya Mabaso / African News Agency (ANA)
Johannesburg - The judge in Palesa Madiba’s case has issued a stern warning to murder-accused Dumisani Mkhwanazi that the case can no longer be delayed following a no-show by his attorney.
Mkhwanazi made a brief appearance in the South Gauteng High Court on Monday when his trial was expected to start. However, his lawyer, Dominic Thinani, was a no-show.
Madiba, 21, a final-year Bachelor of Commerce student at the University of Johannesburg, died on August 12, 2013 after visiting her school friend Matshidiso Mkhwanazi in Phiri, Soweto.
Matshidiso is Mkhwanazi’s niece and she is expected to testify against her uncle when the trial starts.
According to the State, the accused, who lived in one of the back rooms of his family home, allegedly entered the main house and attempted to seize Palesa’s cellphone.
He is alleged to have assaulted and strangled her, then buried her in a shallow grave behind the back rooms.
Her remains were discovered two years later by a neighbour who saw a human hand protruding from the ground and alerted the police, who made the gruesome discovery.
Mkhwanazi was arrested last year and charged with her murder and for defeating the ends of justice.
The 36-year-old’s previous appearance last week was postponed because Thinani told the court that he intended to withdraw from the case as he had not received instruction and had not been paid.
Judge Prince Manyathi said: “I’ve already postponed this matter several times and this comes from 2013.
“The deceased’s family has the right to a speedy trial and you as well. We have to finalise this matter. We cannot be playing games between the accused and the attorney.”
Judge Manyathi allowed the matter to stand down until today, advising the accused to consider opting for legal aid, which he declined.
“If Mr Thinani is not here on Wednesday I’m going to set a trial date and you are running the risk of conducting this matter on your own,” the judge said.
National Prosecuting Authority spokesperson Phindi Mjonondwane said they were glad that the judge had put his foot down, and that the Madibas would find closure.
The Star