Nomonde Zondi|Published
Proceedings in the murder trial of rapper Kiernan “AKA” Forbes and his friend, celebrity chef Tebello “Tibz” Motsoane, were postponed to Monday after lawyers complained that the Durban High Court courtroom was unbearably hot because its air conditioning was not working.
The Mercury reported that tensions flared on Thursday when Judge Nomfundo Sipunzi questioned whether the State and defence were refusing to proceed after counsel requested an adjournment to find an alternative courtroom.
Deputy Director of Public Prosecutions advocate Lawrence Gcaba, who is leading the prosecution, addressed the court on behalf of all counsel and asked for proceedings to be stood down while they searched for another venue.
Gcaba said the conditions in Court W were unbearable, with little to no air circulating, and that the accused were also struggling with the heat.
“I can look around to see which court we can use for today. Otherwise, the conditions here are unbearable; the accused were also complaining,” he told the court.
Sipunzi questioned why the problem had not been raised before proceedings began.
Gcaba explained that State and defence counsel had attempted to contact the judge’s secretary, but the cellphone was switched off.
Defence counsel also raised concerns about the conditions. Advocate Simphiwe Mlotshwa told the court that the heat was affecting his client, Siyanda Eddie Myeza, whose previously injured leg was swelling.
Sipunzi asked whether Myeza was unfit to stand trial. Mlotshwa clarified that his client was not unfit but was being affected by the heat.
Ventilation had been raised as an issue previously. Gcaba had suggested opening the door used by the judge to enter the courtroom to allow fresh air in, while a large fan had also been brought in and placed near counsel.
However, the fan was not there on Thursday. Courtroom doors were usually kept open, although one sometimes had to be closed when witnesses complained about noise from the corridor.
When Gcaba asked for proceedings to be stood down so counsel could look for another courtroom, Sipunzi suggested that senior State advocate Elvis Gcweka call a witness while Gcaba searched for an alternative venue.
The suggestion was not accepted, prompting the judge to accuse counsel of conspiring not to work. She eventually agreed to stand the matter down briefly.
When proceedings resumed, another sharp exchange followed between Sipunzi and advocate William Nicholson SC, chairperson of the KwaZulu-Natal Society of Advocates.
“Judge had suggested we conspired not to work. As an acting judge and chairperson of the bar…” Nicholson began, before Sipunzi interrupted him and asked what his point was.
Nicholson replied: “We did not conspire. The situation is what the situation is.”
Gcaba was also repeatedly interrupted as he tried to explain that counsel had not found an alternative courtroom.
“Are we working?” Sipunzi asked.
Gcaba said counsel were requesting an adjournment until Monday and were following up on the air conditioning repairs to prevent the same problem from recurring.
“As we raised the issue of unbearable conditions in the court, we are requesting an adjournment to Monday. We are also trying to follow up on the fixing of the air conditioning so that we do not experience a similar problem,” he said.
Gcaba reiterated that he was speaking on behalf of all counsel and the accused.
Sipunzi said she wanted the reasons for the adjournment recorded and questioned what would change by Monday.
“I am asking this so I can avail myself for other work,” she said.
Counsel indicated that the situation would have to be assessed on Monday.
Seven men are on trial for the murders of AKA and Tibz: Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, Malusi Dave Ndimande and Siyabonga Gezani Ndimande.
The matter was postponed to Monday.
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