Judge recuses himself in the Madiba case
THE JUDGE in the Palesa Madiba murder case has recused himself after revealing that he is related to the slain University of Johannesburg student.
The family of Madiba said Judge Seun Moshidi was a relative of the student, who was killed and buried in a shallow grave in Soweto almost seven years ago.
Expected to appear in the South Gauteng High Court on Monday, murder accused Dumisane Mkhwanazi opted to remain in his cell, which led to Moshidi issuing a warrant to wardens to haul him out of his cell for his appearance yesterday.
A calm and collected Mkhwanazi walked into court yesterday under the supervision of police. Before taking his seat, the accused had a brief chat with his lawyer while the Madiba family patiently waited for the trial to get under way.
Little did the family know that they would have to wait for April 15 when the trial resumes at the Palmridge High Court. Moshidi cited that his relationship with the deceased’s family did not permit him to continue with the case.
“I cannot continue with this trial simply because I am related to the family of the deceased. In the best interest of justice, the State should appoint another judge moving forward,” he said.
Madiba’s body was found decomposed inside the Mkhwanazi home in Phiri, Soweto, back in 2015. It is believed that she died in August 2013 while visiting her school friend, Tshidi Mkhwanazi, who turned out to be the niece of the accused.
Speaking to The Star, a disappointed aunt of the deceased Tebogo Tsoledi said the family had been ripped apart through this period.
“We just want this to end, it’s really difficult even at home, it has been tough,” she said. Tsoledi said they heard on Monday that Judge Moshidi would be spearheading the trial.
“He wasn’t the judge on this case all along, we only discovered it on Monday. We are related to him. He is my cousin,” she explained.
Tsoledi concluded that she hoped answers would come out when the trial gets under way so that justice can be served.