Attorney Ofentse Nkgwang represented the media in its application to broadcast sentencing proceedings in the matter of former Higher Education Deputy Minister Mduduzi Manana who pleaded guilty to assault.
Nkgwang submitted that it was in the public’s interest to have sentencing proceedings broadcast by the media. The attorney told the court that he represented several media houses. Nkgwang pointed out that Manana had already pleaded guilty to the offence.
The attorney also told the court that at the time of committing the offence, he occupied an important public office.
The defence objected to the media application. Michael Bill for the defence argued that the media failed to follow proper court processes in making their application. He accused the media of not respecting the justice system.
Bill said the application didn’t mention the names of media houses making the application. “If we are granted a cost order, who are we going to send it too. [Which] South African media houses?”
He told the court that a strong message needed to be sent to media houses if they want to be part of court processes.
The senior state prosecutor conceded that the media had failed to follow due process in making their application. She, however, pointed that there was great public interest in the case and suggested the court allows the media to record the sentencing judgment and not the sentencing proceedings. Bill vehemently objected.
Magistrate Elvis Reddy ruled that permission to record proceedings was denied, but added that media houses were welcome to make another submission to record the sentencing judgment later today.
@randburg_sun #MduduziManana is now in court. We waiting for the Magistrate pic.twitter.com/dg1Oc4HjDN
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun #EFF members & supporters just arrived #MduduziManana pic.twitter.com/0kjAFyuW4s
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Magistrate is in. We start with media application to have proceedings recorded #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Nkgwang tells court that this case has a wide public interest & is detrimental in educating the general public
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Nkgwang said no prejudice will be suffered by #MduduziManana as he has already pleaded guilty
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Nkgwang says #MduduziManana is a high profile individual. At time of committing offence he was a public office bearer. Case has great public interest & will benefit the public in informing & educating them
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Defense attorney, Michael Bill is objecting to the media application to broadcast proceedings #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Bill says the application is not proper as there is no naming of media houses in this application #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Bill says the previous media application was written on the back of a match box. "How are we supposed to respond to such an application? " #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Bill says he needed time to consult with his client & get instructions from #MduduziManana on the media application
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Bill says court must send a strong message that a media application is that, it cannot be done on a back of a match box because it's a court application #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Nkgwang said they were approached by several media houses, hence they just reffered to the applicant as South African Media Houses #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Bill says media houses have a tendency of not respecting the criminal justice system #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun SPP concurs that no proper process was followed to make application but said it's in the court's discretion #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Smith suggest that as case is in public interest, judgement, not proceedings may be recorded #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Bill again objects to this suggestion by the state. He insists that there is no application before court #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun The media application to record sentencing proceedings denied at this stage. Media houses may apply again to record sentencing judgement #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun SPP tells court that #MduduziManana has previous 2 convictions of theft from 2004 & 2005. He was fined R500 for both offences #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun #MduduziManana admits that he knows about the convictions & now signs the SAP 69
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun #MduduziManana has told the court that he is willing to pay a fine
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun #MduduziManana has also asked court to not declare him unfit to posess a firearm as he has no previous conviction where violence was used
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Probation Officer, Masisi Modikwane is now giving evidence #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Modikwane tells court that #MduduziManana told her that he got angry when he was called 'stabane' (gay) by victim 1 as he is not gay
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Modikwane will now give a pre-senticing report #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun On the 2 previous conviction. Modikwane says #MduduziManana told her that the theft conviction is from the time when he forgot to pay for a can of coke. He doesn't recall/ know about the 2nd conviction #MduduziManana
— Belinda Pheto (@BelindaaPheto) November 8, 2017
@randburg_sun Modikwane tells court #MduduziManana 's mother is embarrassed & ashamed of Manana's behaviour in this matter.
— Belinda Pheto (@BelindaaPheto) November 8, 2017
This is a developing story. More details to follow.
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