‘Hopefully justice will prevail,’ says Palesa Madiba’s family as trial begins

The family of slain University of Johannesburg student Palesa Madiba says they are happy the trial has finally got underway, although her alleged killer has pleaded not guilty,

They believe justice will eventually prevail.

Dumisani Mkhwanazi’s murder trial commenced in the Gauteng High Court in Johannesburg before Judge Prince Manyathi on Wednesday.

After the State read out the charges, the accused said he understood and pleaded not guilty.

Mkhwanazi faces five charges: murder, robbery with aggravating circumstances, defeating the administration of justice, the unlawful possession of a firearm and the unlawful possession of live ammunition.

Speaking to the media following Wednesday’s proceedings, Madiba family spokesperson Thabiso Tsoledi said they were not surprised that Mkhwanazi pleaded not guilty because it had been his stance throughout the case.

The family came out in numbers and filled the court gallery as proceedings got underway.

News24 spotted one of the family members shedding tears as the State read out the indictment and the charges against Mkhwanazi.

“We will obviously leave that to the courts to prove … and, hopefully, eventually justice will prevail,” Tsoledi said.He added:

“I think we are certainly happy that the trial is beginning. This is one step in a very long road that we have walked and a step that is beginning to give us closure.”

Madiba went missing after she had gone for a sleepover at her friend Tshidi Mkhwanazi’s house in Phiri, Soweto, on 9 August 2013. Tshidi is the niece of the accused.

Madiba’s body was found buried in a shallow grave behind Tshidi’s home on 16 December 2015.

A neighbour had seen an arm protruding from the ground, News24 reported.

The State alleged that Mkhwanazi was guilty of the murder in that, around 12 August 2013, he unlawfully and intentionally killed Madiba.

It also informed the court that, following pre-trial proceedings, it reached a consensus with Mkhwanazi’s lawyer, Dominic Thinani, regarding formal admissions under Section 220 of the Criminal Procedure Act.Among some of the facts, which the State read to the record from the formal admissions, were that the skeletal remains of Madiba had no further injuries from the time they were discovered on 16 December 2015 until when the post-mortem examination was conducted.

The State also informed the court the facts and findings of the post-mortem were correct and that the report was being accepted as an exhibit.

Also, the firearm found at the crime scene was handed to forensics in a sealed bag, with the ballistic analysis admitted as an exhibit.

Mkhwanazi agreed that Thinani had explained the formal admissions to him and he was not disputing the facts.

The trial was rolled over to Thursday to allow the State to bring forward its witnesses to give evidence.

News24 previously reported the State was expected to call 13 witnesses during the trial, including Tshidi.

The court also heard that, before witnesses take the stand, there were further aspects Thinani wanted to consult on.

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