UPDATE: 9 September, 1.30pm:
On 9 September, Sam Baloyi and Mduduzi Nzuza’s lawyer Tuelo Thomas, appeared half an hour later, and asked for another postponement.
In spite of their late arrival at Randburg Magistrates’ Court, Thomas requested that the trial be postponed until 2pm the same day.
He apologised to the court and said that his tardiness stemmed from a series of phone calls he had with important stakeholders involved in the case. He requested the postponement in order to have a meeting with the two accused.
Magistrate Vincent Pienaar agreed to allow the trial continue at 2pm.
UPDATE: 9 September, 10.30am:
Court was adjourned at 9.05am by Magistrate Vincent Pienaar after the accused, Sam Baloyi and Mduduzi Nzuza and their legal council, failed to appear in court on time.
The two officers are charged with attempted murder, reckless use of a firearm, reckless endangerment, and failure to use reasonable precautions to avoid danger.
On the morning of 8 September the officers’ legal council, Tuelo Thomas, requested that the trial be postponed to 9 September as the accused were to have a meeting with the South African Police Service regarding case.
Senior State Prosecutor, Yusuf Baba said the court was forced to wait for the defense to appear before proceeding. He added that the magistrate will specify their punishment for not appearing in court on time.
Baba said that Khuli Chana will not appear in court until 10 September.
UPDATE: 8 September, 3.30pm:
Sam Baloyi and Mduduzi Nzuza face criminal charges of attempted murder, reckless endangerment, failure to take reasonable precautions to avoid danger, and negligent use of a firearm after shooting at Chana’s car in a case of mistaken identity on 28 October last year.
Chana was wounded in the hand and back at a Caltex Garage in Midrand. Police had been chasing suspects involved in a kidnapping in Bedforview who were using the garage as a ransom drop-off point.
The defence’s legal council, Tuelo Thomas requested that the case be postponed to 9am on 9 September as the defence had scheduled a meeting with the police. Senior public prosecutor, Yusuf Baba agreed to allow the case to be postponed.
Following the incident, Chana filed a civil case against the police on 10 January and was claiming damages of R2.7 million for medical expenses, loss of earnings, legal expenses and car repairs.
Spokesperson for his management team Sheila Afari said, “As part of the due process in the civil case, Khuli Chana’s lawyers submitted a letter to the minister of police outlining costs incurred and income lost as a result of the shooting. We stated that we intend to recoup the money via litigation.”
After the civil case had been filed, acting Gauteng provincial commissioner Lieutenant General Lesetja Mothiba released a statement on 5
February saying that the rapper would be charged with attempted murder after he allegedly attempted to run over the officer who was trying to apprehend him.
The criminal case against the officers will commence on 9 September at Randburg Magistrates’ Court.
UPDATE: 8 September, 11.30am:
The two officers, who each face four charges including attempted murder after firing shots at rapper Khuli Chana in Midrand, appeared briefly in the Randburg Magistrates’ Court on 8 September.
The officers face charges of attempted murder, reckless endangerment, reckless use of a firearm and failure to take reasonable precautions with a firearm.
The defence’s legal council, Tuelo Thomas requested that the case be postponed to 9am on 9 September. Thomas said he was awaiting clarification of the content of a meeting between the defence and the police.
Senior public prosecutor, Yusuf Baba agreed to allow the case to be postponed.
8 September, 10.30 am:
The two officers accused of shooting musician Khuli Chana appeared at the Randburg Magistrates’ Court on 8 September with the case being postponed after their legal council filed a request.
Two police officer accused of shooting at musician Khuli Chana appeared at Randburg Magistrates Court on 8 September.
The officers, Sam Baloyi and Mduduzi Nzuza face charges of attempted murder, reckless endangerment and failure to take reasonable precautions to avoid danger and negligent use of a firearm. The two are out on bail.
Police shot at Khuli Chana at a garage on the N1 in Midrand on 28 October last year, he was shot in hand and back. Police had been following a group of hijackers from Bedfordview when they mistook Chana’s sedan of that of hijackers.
Police also have a pending case of attempted murder against Chana. The musician is also suing police for R2.7 million for medical expenses and loss of work due to injury.
