Mbombela anaesthetist’s murder: Case postponed

The three men accused of murdering Dr Nicholas Proctor seven months ago briefly appeared in the Nelspruit Magistrate’s Court this morning.

Bheki Ndlovu (38) and Nkateko Tshidzumba (24) appeared virtually via the court’s AVR system, while Siyabonga Kekana (20) was present in the dock.

The men, all from Protea Glen near Soweto, face several serious charges, including murder (a schedule 6 offence), kidnapping, robbery with aggravated circumstances, theft, and attempted theft.

The matter was postponed again, this time to September 27, for the Director of Public Prosecutions to decide whether the case will proceed to the regional or high court for trial. The state is also awaiting the finalisation of the DNA report.

In an effort to avoid further delays, the defence argued that bail should be considered, stating that the investigation is ‘clearly not finalised’ and the accused’s ‘lives are on hold’.

A criminal justice insider explained that, under case flow management guidelines, a case should not remain on the roll for more than nine months during investigations. With this case having been on the roll for nearly seven months, it is approaching that limit.

Given that murder is a schedule 6 offence, the defence must prove exceptional circumstances to justify bail. Bail was denied on February 23 due to the severity of the charges and the absence of such circumstances.

“Bail involves many considerations, including the strength of the state’s case. Exceptional circumstances can be singular or cumulative,” the source noted.

Due to his young age, Kekana is held at Barberton Correctional Services, while his co-accused are detained at Mbombela Correctional Services.