There was drama at the Thohoyandou High Court last week, when Judge Makhafola warned the family of a murder suspect to look for their own defence immediately, after they disposed of their lawyer from Legal Aid, claiming that they had appointed their own new defence lawyer.

This was during the appearance of Phathutshedzo Mbedzi, a former Grade 12 pupil at Jack Lavhengwa Secondary School, who stands accused of murdering a fellow pupil at the school last year.

His case was scheduled to start on Monday, but the suspect claimed that he had another lawyer. When the case was adjourned on Monday, the parents of the suspect were warned to bring their new legal representative on Tuesday at 14h00. When the court resumed at 14h00, there was no sign of a legal representative. When the judge questioned the whereabouts of the legal representative, the family claimed that he is in Louis Trichardt and that he had indicated that he would not be available.

The judge again ordered that the parents consult their lawyer and that he should avail himself in court or face arrest. The case was adjourned for some minutes and when it resumed, a new legal representative had emerged. The angry judge made it clear that he was continuing with the case as the witnesses and the prosecution were ready and that it had become apparent that the family of the suspect "was just buying time at the expense of the witnesses who had to leave classes".

Adv Matlou, new counsel for the accused, said he would abide by the court’s decision. He would consult his client and he would be in a position to continue the following day.

In postponing the matter, Judge Makhafola said plenty working time had been unnecessarily lost through postponements and adjournments. He said the court could not be held to ransom at the expense of witnesses and the prosecution, who had been ready and attending all proceedings.

“This is a court of precedence; the lower courts must emulate what is happening here. We cannot allow a situation whereby officers seek postponement through the back door,” said the judge. He said he was worried that, given the present situation where teachers were on strike, learners needed to catch up before the final examinations, but they were being compromised as they were attending the court, which never proceeded.

He rescheduled the matter to Wednesday the 8th at 14h00, taking into account that the principal, Mr Nndanganeni Nelufhangani, had a school to run and his learners needed time to catch up before the final examinations.

Mbedzi, a Grade 12 learner from Fondwe Village near Thohoyandou, allegedly stabbed and killed his classmate, Matodzi Ramunenyiwa (20,) during lunch in May last year. Ramunenyiwa was stabbed once in the chest and died. Wearing a red and white tracksuit top, Mbedzi stood quietly and listened attentively to the proceedings.

Even the many adjournments and postponements could not dampen the spirits of supporters of the dead pupil, who packed the court to capacity. (See a report of the latest proceedings in the case elsewhere in the paper).