The Herald (South Africa)

Call for speedier trial – but it’s delayed again

- Lee-Anne Butler butlerl@timesmedia.co.za

ABOUT 40 COPE members protested outside the Port Elizabeth High Court yesterday, demanding the finalisati­on of the trial of four men accused of the murder of former ward councillor and COPE Motherwell zone chairman Velile Gerald Yona.

Yona was killed at his home in NU9, Motherwell, on April 22 2009 – the same day national elections were held.

Yona, 49, was a former Nelson Mandela Bay ANC councillor and served as a Motherwell councillor in the thenPort Elizabeth Transition­al Local Council from 1994 to 1999.

It is believed that his murder may have been politicall­y motivated.

Welcome Qandana, 23, Ayanda Kafile, 21, Bongani Zenzile, 26, and Luthando Mlothana, 26 – all from Mo- therwell – face charges including murder, attempted murder and unlawful possession of a firearm.

The state alleges that the four men entered Yona’s home where he, his wife, and two sons were watching television.

Two shots were fired at Yona and he later died in hospital.

At court yesterday, COPE MPL Bishop Lievie Sharpley said the party was concerned about the slow progress.

“Because he [Yona] was a member of our organisati­on, we have been following the trial but it seems justice is being totally denied.

“There seems to be manipulati­on of the system to drag out the case, because there is no other reason why it has not been finalised after this time.”

Sharpley said it created the impression that people from a higher income bracket had cases finalised more quickly than people from a lower income bracket.

Yesterday morning, state advocate Jason Thysse requested that the matter stand down for an hour because only Qandana and Kafile were present in court at 9.30am.

Zenzile, who is a sentenced prisoner at St Albans, arrived at court after 10am.

Thysse later informed Judge Jannie Eksteen that Mlothana had not arrived and requested that a warrant be issued for his arrest.

Defence advocate

Gerrit Cilliers said he had attempted to call his client over the weekend but he could not be reached. Cilliers then applied to withdraw from the matter.

Eksteen said the trial judge, Judge Nambitha Dambuza, was not available to proceed as she had been appointed to the Supreme Court of Appeal.

He postponed the case to July 13.

Eksteen also said the warrant of arrest for Mlothana would not be executed until May 25, provided he had a valid excuse for his absence.

But Zenzile then said: “I am requesting this matter be finalised because it is keeping me back from many benefits [while incarcerat­ed].”

Eksteen said Dambuza was the trial judge and so in charge of its finalisati­on.

He said: “Rest assured that she is as keen in finalising the matter as you are.”

Sharpley said COPE would return in July.

 ?? Picture: LEE-ANNE BUTLER ?? GET A MOVE ON: COPE members protest outside the Port Elizabeth High Court yesterday about delays stretching back six years in the case of four men accused of murdering politician Velile Gerald Yona
Picture: LEE-ANNE BUTLER GET A MOVE ON: COPE members protest outside the Port Elizabeth High Court yesterday about delays stretching back six years in the case of four men accused of murdering politician Velile Gerald Yona

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