The presiding judge in a lengthy trial in which two hearing-impaired men were found guilty of killing a school deputy principal is frustrated that no progress is being made.
The case was postponed again in the Mthatha high court on Monday because a pre-sentence report was not complete.
The report, filed by a social worker, is meant to assist the court in deciding on a suitable sentence.
The two men, Luthando Silwana, 24, and Lunga Khimbili, 28, murdered Efata School for the Deaf and Blind deputy principal Nodumo Mdleleni-Mzimane, 50, on July 28 2015.
Her body was found in a pool of blood inside her locked house on the school property.
Silwana and Khimbili were arrested in November 2015.
They were convicted of the murder on September 23 2020 by judge Mpumelelo Notununu.
Both maintained their innocence throughout the trial.
Reasons for the postponements to date include the non-availability of a sign language interpreter, as well as witnesses, and lawyers being ill.
Notununu said because of the seriousness of the case, the pre-sentence report was necessary.
“I am of the view that you [accused] do need to have that report. It is your right to have the report.
“In the circumstance, I am bound to have the matter postponed to a later date.
“I am not comfortable with that. I would have preferred this matter to be finalised today but there is nothing I can do,” Notununu said.
Senior state prosecutor advocate Noxolo Ngxingwa did not object to the postponement.
He said though the parties had tried to postpone the case to the earliest possible date in January “unfortunately it did not suit all of us”.
“The sign language interpreter has a packed diary. We need to involve her in arranging a date,” he said.
The case was postponed to February 17 and 18.
Silwana and Khimbili remain in custody.
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