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.
The case was postponed on Monday when Tuelo Thomas, for the defence, told the court senior police officials had asked to meet him about the case.
However, neither he nor the accused were at court when the case was called at 9am on Tuesday, and it was briefly adjourned.
They arrived shortly before 10am. Thomas told the court he had been delayed by numerous phone calls “from various stakeholders” regarding the case.
“My apologies to the court for being late. We held a meeting with senior police officers as indicated in court yesterday,” he said.
“We held another meeting with the complainant’s [Chana] attorneys. We have at this point made representations to the NDPP [National Directorate of Public Prosecutions] and we ask that the matter stand down until 2pm.”
Nzuza and Baloyi smiled at photographers from the dock before proceedings started on Tuesday.
“You should print the photos and send them to us so we can frame them,” said Nzuza.
The officers allegedly shot at the award-winning musician’s car when he failed to stop at a roadblock they had set up at a petrol station on the N1 in Midrand on October 28.
Chana, whose real name is Khulane Morule, was not in court on Tuesday. 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.
Magistrate Vincent Pienaar adjourned the proceedings and said the court would wait until after lunch to hear what would happen to the trial.