KNYSNA NEWS - In the wake of the news two weeks ago that the Cape Town High Court had granted bail for Victor Molosi murder accused Velile Waxa after it had been refused by the Knysna Magistrate's Court, the question on everyone's lips was how this could have happened.
Especially after magistrate Denise Oberholzer's stern warnings that such a decision could spark a violent reaction in the community and place the life of the accused in danger.
A portend which came to pass on Thursday last week when Knysna erupted in violent protests after the case was postponed. (See Nwabisa Pondoyi's account on Page 1 of the Knysna-Plett Herald.)
'Not ready for trial'
During the court proceedings on Thursday 28 March, judge Patrick Gamble said the matter is not ready for trial and that there are issues to be resolved before the actual trial. He explained that he had received instruction from the judge president of the Western Cape Division of the High Court, John Hlophe, that the case will receive priority and be heard as soon as it is practically possible. Gamble postponed the matter for a pretrial in the George Circuit High Court on 20 May, and it will ultimately be heard in October. Addressing the gallery, he said he is aware of the interest in the case, "but I'm afraid the wheels of justice turn slowly".
"We as judges and magistrates deal with many matters. Some older than others and the older take priority." He asked the community to be patient because there is a lot of work that still needs to be done before the trial is ready.
Patience no more
The community's patience had been spent since the arrests of the accused last year, however, and the angry mob rose up. Since last year it had been preparing for the day the law might not adhere to their hopes of keeping Waxa behind bars. It has marched en masse and conglomerated outside the Knysna courthouse peacefully with every appearance and bail application since then. And on 22 March the pot boiled over, sparking various protests and disrupting traffic on the N2 in the week that followed.
What also transpired at court on 28 March was the announcement that of one of the other accused, Vela Patrick Dumile – who so far only had legal representation during his bail hearing – would now be represented by lawyer Len Wilkens. As for municipal official Mawande Makhala, the third man accused of killing Molosi, he will now be assisted by Legal Aid lawyer Flip Theron. Theron told the court that his client requires a medical examination due to a recurring condition after a head injury. He said when he met with Makhala he observed that he was lame on the left side and his speech impaired, but confirmed he would be fit to stand trial.
The matter was postponed and the people inside court went to address the community members who couldn't get in, which is when the chaos broke out – the account of which is covered on our front page.
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