Campaign group calls for judge’s removal
ALL eyes are on whether British businessman Shrien Dewani will walk free from the Western Cape High Court where he is standing trial for the murder of his wife. The possibility has prompted a campaign demanding the removal of Jeanette Traverso, the second most senior judge in the province.
Driven by the Justice4Anni campaign group, a petition on Facebook levels allegations of bias against the Deputy Judge President.
Legal experts say there is no foundation in law to petition the state to replace a judge as this would interfere with the independence of the judiciary.
Meanwhile, another key legal question has arisen: whether State witness Monde Mbolombo, the former Century City hotel receptionist who found the gunman to carry out Dewani’s alleged instruction, enjoys indemnity.
Within weeks of the murder, prosecuting authorities secured their first conviction – of Zola Tongo, who was the couple’s taxi driver while they were in Cape Town. He was the first person to point a finger at Dewani, claiming in a plea and sentence agreement he made with the State that Dewani approached him and asked him to find a hit man.
Tongo turned to Mbolombo, who recommended Mziwamadoda Qwabe who in turn roped in Xolile Mngeni.
In terms of the agreement, Tongo was sentenced to 18 years and agreed to testify on behalf of the State.
By then Dewani was back in the UK. More than a year later, Qwabe entered into a plea and sentence agreement. He was sentenced to 25 years in jail.
Mngeni did not accept a deal and stood trial before Judge Robert Henney in 2012.
Mbolombo turned State witness and testified as an accomplice witness in Mngeni’s trial, at the end of which Mngeni was convicted and sentenced to life imprisonment and Mbolombo was granted indemnity from prosecution on some of the charges.
It took more than three years for the prosecution to secure Dewani’s extradition to face charges. When his trial finally started this year, Mbolombo was again called as a witness.
While the court was informed that he had been granted indemnity in Mngeni’s trial, Judge Traverso’s view was that she was uncertain that this indemnity automatically applied in Dewani’s case.
She warned Mbolombo in terms of section 204 of the Criminal Procedure Act and said she might ask the State and defence to present arguments on the issue.
William Booth, who chairs the criminal committee of the Cape Law Society, thinks the judge was correct to warn Mbolombo.
“You can’t have an indemnity in one trial and it automatically carries over to a second trial because, from a practical point of view, the witness can lie.”
Dewani has applied for his discharge in terms of section 174 of the Criminal Procedure Act, alleging the State failed to make a case for him to answer.
Judge Traverso is to give her ruling on December 8.