Nomonde Zondi|Published
Proceedings in the AKA and Tibz murder trial were postponed after lawyers said the Durban High Court courtroom was unbearably hot because its air conditioning was not working.
Tensions flared on Thursday after Judge Nomfundo Sipunzi accused the State and defence of refusing to work after the lawyers requested an adjournment because the courtroom air conditioning was not working and the heat was unbearable.
The exchange unfolded after 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 looked for an alternative courtroom.
Gcaba said conditions in Court W had become unbearable, with 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,” Gcaba told the court.
However, an irritated Sipunzi questioned why the issue had not been raised before proceedings began.
Gcaba explained that the State and defence counsel had tried contacting the judge’s secretary, but his cellphone was switched off.
All defence counsel echoed the concerns with advocate Simphiwe Mlotshwa, telling 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.
The issue of ventilation had been raised previously. Gcaba had suggested opening the door used by the judge to enter the courtroom to allow fresh air in. A large fan had also been brought in and placed near counsel.
However, the fan was not there on Thursday. The courtroom doors were usually kept open, although one sometimes had to be closed when witnesses complained about noise from the corridor.
When Gcaba requested that proceedings be stood down to allow counsel to look for another courtroom, Sipunzi suggested that senior State advocate Elvis Gcweka call a witness to testify while Gcaba searched for an alternative venue.
The suggestion was not accepted, prompting the judge to accuse counsel of conspiring to not want to work. She eventually agreed to stand the matter down briefly.
When proceedings resumed, a sharp exchange followed between Sipunzi and advocate William Nicholson SC, chairman 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 not spared the same treatment, as the judge repeatedly interjected and questioned him when he attempted to explain that no alternative courtroom had been found.
“Are we working?” Sipunzi asked.
As Gcaba tried to respond, the judge continued to question whether counsel wanted to proceed with the trial.
“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 record to reflect the reasons for the adjournment and asked 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, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, Malusi Dave Ndimande, and Siyabonga Gezani Ndimande, are on trial for the murders of AKA and Tibz.
The matter was postponed to Monday.