Police constables Mduduzi Mfundisi Nzuza and Sam Baloyi face charges of attempted murder, reckless endangerment, failure to take reasonable precautions to avoid danger, and negligent use of a firearm. Both are out on bail.
Prosecutor Yusuf Baba was not happy.
“It is 9am. The accused nor the defence are not here yet…. After yesterday’s adjournment this court ordered that we start today at 9am,” he said.
“I was informed this morning the police legal adviser is on his way and had requested that the matter stand down. All my witnesses are here and we are ready.”
Nzuza, Baloyi and their lawyer Tuelo Thomas had not arrived in court by 9.30am.
Chana was also not in court on Tuesday.
The two policemen appeared in court on Monday.
They allegedly shot at Chana, whose real name is Khulane Morule, when he failed to stop at a roadblock they had set up at a petrol station on the N1 in Midrand on October 28. He was wounded in the hand and back during the shooting.
At the time, police were searching for a group of men who had kidnapped a Bedfordview businessman. The ransom money was to have been left at the petrol station.
The officers apparently mistook Chana’s car for that of the kidnappers.
A police officer has since been arrested and charged with the kidnapping.