Nelspruit Magistrate’s Court again postpones bail hearing for two accused of Hillary Gardee’s murder

The bail hearing of two of Hillary Gardee’s murder accused, Philemon Lukhele and Albert Gama, was postponed by the Nelspruit Magistrate’s Court yet again.

The two accused, facing kidnapping, rape, conspiracy to murder and murder charges, made a brief appearance in court on Monday August 8, and the matter was postponed to Tuesday August 16.

The court said there was no other options but to move it to a later date.This postponement did not only annoy the defence representing Lukhele and Gama, but angered the Mpumalanga EFF.

Gardee, the daughter of struggle hero and former EFF secretary general Godrich Gardee, was kidnapped along with her three-year-old adopted daughter in Mbombela on April 29. Her body was found next to the Sabie/Lydenburg Road on May 2.

Following some intensive investigations, the police arrested three suspects, Lukhele, Gama and Sipho Mkhatshwa. Mkhatshwa, who was the first accused to apply for bail, was dealt a heavy blow when this very court refused him bail this past Thursday.

Speaking outside the court on Monday, the Mpumalanga EFF’s leader, Collen Sedibe, said these delays only cause more pain for the victim’s family, as they have to keep coming to court and reliving the trauma.

“It is really frustrating when these postponements and delays occur, because, look at the victim’s family here.
“They are so stressed and still in much pain about what happened to their daughter, and for them to keep on coming here is torture. But in the same vein, we have faith in the justice system and we hope that at the end, justice will be served, as we saw happening with accused number one, Mkhatshwa,” said Sedibe.

Meanwhile, the Gardee family has welcomed a ruling by the Gauteng High Court in Pretoria, granting their urgent court application to compel the police and Police Minister Bheki Cele to prioritise the case. The court ordered that the investigation be handed over to the Hawks and treated as a matter of urgency.

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This decision comes after the Gardee family had filed an urgent application with the High Court last Wednesday.

The family’s spokesperson, Sinawo Tambo, said the ongoing delays, postponements and lack of progress from the side of the police has left the family traumatised.

Following the court’s ruling, Tambo said the Gardee family was relieved by the steps taken by the judiciary and hoped this decision would pave the way for justice to be served.

“Our argument has always been that now that the prosecution has announced additional charges of conspiracy to murder, the case assumes all the hallmarks of an organised crime for which investigations reside in the competency of the Hawks.

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“The record delays and incompetence exhibited by the detective unit, including but not limited to the elbowing out of crime intelligence services and keeping the family in the dark, is treasonous to say the least,” said Tambo.
The police suspect she was murdered in a lodge owned by Lukhele, which he uses as accommodation for university students.