JUDGE MPENDULO CAN’T BE A WITNESS - REGISTRAR

MBABANE – Registrar of the High Court Fikile Nhlabatsi says Judge Mpendulo Simelane cannot be a witness in the matter of The Nation Magazine Editor Bheki Makhubu and Human Rights Lawyer Thulani Maseko.

This comes after the defence counsel Mandla Mkhwanazi and Advocate Lucas Maziya previously indicated that subpoenas had been issued calling upon Judge Simelane and Chief Justice Michael Ramodibedi to be their witnesses in the matter.
Mkhwanazi, in one of his submissions during the trial, told the court that the two were compellable witnesses.

These two witnesses can only be required by the defence in the event Judge Simelane dismisses their application to be released as per the provision of Section 174 (4) of the Criminal Procedure and Evidence Act succeeds.

Section 174 (4) provides that if at the close of the prosecution case the Court considers that there is no evidence that the accused committed the offence charged or any other offence of which he might be convicted thereon, it may acquit and discharge him.
In a letter directed to Mkhwanazi Attorneys, the registrar asked the defence counsel to kindly state on what point was the Chief Justice required to testify.

“On what authority in law would you want the Chief Justice to testify, especially in the special circumstances of this case? Be informed that the honourable Justice Simelane is presiding over this matter hence rules of procedure dictate that he cannot be a witness,” stated the former magistrate in the letter.

He further asked from the defence counsel whether there was any precedent in the world in a matter, such as this (Makhubu and Maseko’s contempt trial).
Another witness which the defence counsel intends to parade if the matter proceeds is Chief Government Motor Vehicle Inspector Bhantshana Gwebu.

The judgment of the accused’s application to be released under Section 174 (4) will be delivered sometime next week.
Judge Simelane said he intends issuing the judgment sometime next week and the parties will be informed in due course.

Judge Simelane then remanded the accused in custody until next week Monday.
Appearing for the Crown in this matter is the Director of Public Prosecutions Nkosinathi Maseko, who is being assisted by Senior Crown Counsel Thabo Dlamini.

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