#JusticeforTshego: Update: Tshego trial postponed due to undisclosed findings
The State also supported the request, suggesting that the case had new facts which could not be disclosed to the public.
The trial hearing of murder accused Muzikayise Malephane in the South Gauteng High Court was postponed abruptly on Friday, 22 January after the State and Defence showed no readiness to proceed with the matter.
It became evident that the matter wasn’t going anywhere following two adjournments for the State and Defence to consult over the case.
Malephane’s defence asked for a last postponement on the matter as a result of outstanding documents that they were unable to access in December due to strict lockdown rules.
The State also supported the request, suggesting that there were new facts in the case which could not be disclosed to the public.
However, Judge Ratha Mokgoatlheng refuted this saying, “This is a case that has garnered a lot of publicity and as such judges across the country are being accused of siding with the State”. He then put pressure on the State to disclose the main reason why the case could not be heard.
The Defence argued that it would not be in the interest of justice to disclose such facts now – and requested a quick adjournment to brief the State outside of court. Following the briefing, the Defence then informed the Judge that they had consulted and negotiated with the State to get the case postponed.
Following this, the Judge granted the postponement and rescheduled the matter to 19 February for finalisation.
The family and supporters of slain Tshegofatso Pule, who had run-ins with presiding officers and security personnel over the court capacity restrictions, were displeased with the state of affairs.
An emotional Tumisang Katake, the uncle of the deceased, reflected on the proceedings as well as the treatment the family received in court.
“It was a bit disappointing. I would’ve thought that today the trial was going to resume but unfortunately I don’t know why the Defence is delaying this matter. I wasn’t privy to the discussion that they had with the Judge, but I’m sure we will find out soon what was happening. However, there is nothing I can do, things are beyond my control – the case is at a point where we just have to trust the judicial system. Maybe, when we return on 19 February there will be progress,” he said.
Speaking about the ‘awful’ treatment from a police captain in court who threatened to throw out some of the attendees, he said, “The fact that he is a captain in the police doesn’t mean that he can trample on my rights as a citizen. Seats were allocated to us according to the social distancing practice, but he came and threatened us and told us to leave. I think that was appalling. I think if I had a chance to get his name I would have reported him,” he criticised.
On 5 June 2020, the eight-months pregnant Tshego from Soweto was found with stab wounds and hanging from a tree in Durban Deep, Roodepoort after having gone missing. Soon after, Malephane was arrested in connection of her murder.
This is a developing story.
