Durban – A KwaZulu-Natal High Court judge on Mondaydelivered a lesson in legal procedure to a struggling Legal Aid attorney duringfinal submissions in the trial of two men accused of a politically-motivatedmurder.
Judge King Ndlovu had since Friday identified problemswith the final submissions of defence attorney Marian Pieterse.
Pieterse had been acting for Samuel Cele, 34, and AlexMbhele, 32, both accused of a politically-motivated murder in the ANC’sOshabeni ward, on the KwaZulu-Natal south coast, in 2012.
The two allegedly shot and killed Dumisani Malunga andGabriel Chiliza as they were driving home on the evening of September 9. Thelocal ANC had nominated Malunga for a ward councillor position in the area.
Ndlovu told Pieterse she was telling him principles oflaw he already knew.
“You need to tell me why I should side with the defence.You are regurgitating to me and not delivering any submissions. I need you touse the evidence that we have and direct me."
Pieterse asked the court to consider that the accuseddenied involvement in the murder.
"These are final submissions in a politicallymotivated murder trial. Of course this man is going to deny what he is beingaccused of. It is your job to take the evidence and explain to me why it is inthe favour of the defence," Ndlovu told her.
"Are you asking me to be satisfied with this?"
He hoped to deliver judgment on Thursday.
The court had heard how Cele and Mbhele, andnow-imprisoned state witness Sifiso Khumalo, allegedly planned Malunga’smurder.
Khumalo, an ANC Youth League leader at the time, was convictedfor his role in the crime after confessing to authorities in 2012. The Statelargely based its case on his testimony.
Malunga and Khumalo were among four ANC members vying forthe position of ward councillor for Oshabeni, Port Shepstone, after theprevious councillor died.