POLOKWANE – The accused appeared in court on 30 January for formal bail application, but the case was postponed as, according to a close source, Kgomo’s medical records had not been collected and were thus missing from the docket.
A source within the family told BONUS that they have requested a meeting with the magistrate where they wanted to raise concern over the suspect appearing in a juvenile court. He says the family wanted the suspect to be tried as an adult as he had turned 18 before his court appearance.
BONUS spoke to Mashudu Malabi-Dzhangi from the National Prosecuting Authority (NPA) in Limpopo on what the protocol is when dealing with juvenile delinquents. She says that if a minor turns 18 during the course of the court case, he or she will be tried as an adult. Age, she says, serves as a mediation factor during sentencing.“For as long as the matter is before court, as soon as the minor turns 18, he or she can be moved from a place of safety to the police cells if denied bail.” She says it is the responsibility of the prosecutor to insist on transferring the now adult to the police cells and having him appear as an adult.
