Another delay in sentencing Efata School students

Four months after two hearingimpaired former Efata School for the Deaf and Blind students were convicted of killing their school deputy principal in July 2015, they have yet to be sentenced.

The trial of Luthando Silwana, 24, and Lunga Khimbili, 28, who were convicted for the murder of Nodumo Mdlelenimzimane and housebreaking, was again postponed in the Mthatha high court on Wednesday owing to a pre-sentencing report that was not ready.

Such reports are filed by social workers or psychologists to assist a judge in determining a suitable sentence.

The delay did not sit well with presiding judge Mpumelelo Notununu, who had to postpone the case for the same reason in November.

The relatives of both the convicted pair and the victim, who were in the gallery, were not pleased with the outcome either.

Mdleleni-mzimane’s body was found in a pool of blood inside her locked house on the school property in 2015.

The murder trial started on October 1 2017.

Both accused maintained their innocence throughout the trial, but were convicted on September 23 2020.

Notununu said: “The matter has been dragging ever since. Many times I have expressed my frustration about the snail pace it is going.

“It has been postponed for various reasons.

“I have lost count as to how many legal representatives representing the accused have excused themselves.”

The unavailability of witnesses, defence lawyers and sign language interpreters are some of the reasons that have caused delays in finalising the case.

Notununu said the rights of the pair were flouted by the state of affairs.

“It goes without saying that the offences of which the accused have been convicted are very serious, [with] heavy sentences.

“It was for that reason that I granted an application by Mr Erasmus [the accused’s lawyer] so they could file a pre-sentence report.

“I have been informed the report will be available in three weeks’ time. The accused need to know their fate.”

Notununu postponed the case to April 28 and 29, noting: “I am not comfortable with that but there is nothing I can do.” ● In a separate case, Nyameka Qongqo, 43, a former OR Tambo accountant who admitted to defrauding the municipality of R9m between 2012 and 2014, will be back in the dock on March 25.

Judge Bantubonke Tokota postponed the case, also requesting a pre-sentencing report.