Judgment in a rape case in the KwaNojoli Magistrate’s Court in Port Shepstone, KwaZulu-Natal, had to be postponed yet again after the accused, Isaac Memese, apparently suffered a hypertension attack and collapsed. According to the AfriForum private prosecution unit, he requested that the case be adjourned so that he could consult with his lawyer but failed to return because he collapsed. His lawyer broke the news to the court.
The proceedings began with Memese’s lawyer, Buhle Jikwana, requesting another postponement but the court ruled that Memese had caused unreasonable delays. This after head of the unit, Advocate Gerrie Nel, successfully brought an application in terms of section 342a of the Criminal Procedure Act to have the court declare that Memese had caused unreasonable delays and that judgment would be delivered. Nel said they had presented facts and circumstantial evidence to the court to indicate that the right exercised by Memese is not used for the intended purpose, but was manipulated to cause unreasonable delays.
He said not that he did not have rights, but that he’s abused and manipulated them. “So, we make a respectful submission that this accused will do anything to avoid judgment. That’s his real reason for not proceeding,” said Nel.
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After the court announced that it would proceed with judgment, Jikwana unilaterally terminated his brief. When the magistrate rejected this because it did not appear to be his client’s instruction, Jikwana requested to consult with Memese before asking for the matter to be dismissed. An hour later, Jikwana told the court his client “suffered hypertension and collapsed”.
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