28/07/2026
I have noted that the accused persons in the Matlala trial ,despite facing a litany of different charges,they still have an opportunity to have their own moments including counsel and witnesses,the court room looks like a theatrical arena,not forgetting his lordship the honourable justice …
Yesterday it was a calm day as Adv Van den Heever’s absence was conspicuous,though the judge did ask about her,I doubt if he missed her,maybe he was just making sure she was not running late…
Adv Chauke,counsel for accused no 5,the young (25)Nthabiseng Nzama ,ascended the podium as he was making an application in terms of Sec 159(2) of the Criminal Procedure Act ,As Amended in an effort to save his client traveling costs to court while her ticket is not yet called since she spent the days in court being miserable watching Matlala and his wife being cosy and exchanging “sweet nothings “.
Ms Nzama was asking the court to grant her a “leave of absence “ from attending court until the state leads evidence implicating her as for now she is still not involved…
Section 159 lists instances where the court can excuse the accused from attending court like the accused being “unruly “ or for health reasons.
The criminal proceedings require that the accused always be in court to face his accusers and the accusers to also point her positively in the public,unless under those circumstances that the court may excuse him.
The reasons cited by Adv Chauke did not meet the threshold and even though the court maybe sympathetic to her position,more in particular that the prosecution did not object to her being excused,Your Honour was not convinced and sadly,the application was dismissed…The court was also not happy with the the fact that everyone knew about the charges levelled against accused no 5 as early as the Pre-Trial stage but nothing was said to accommodate her situation which to me looks like it was an afterthought,the accused legal representative did not apply their mind timeously which means they were not properly prepared and this irritated the court,a bitter pill to swallow!