Xolile Mngeni, one of the two men awaiting trial for the alleged murder of honeymoon bride Anni Dewani, was still receiving treatment in prison for a malignant brain tumour, the Wynberg Regional Court in Cape Town heard on Tuesday.
For this reason the Western Cape Directorate of Public Prosecutions (DPP) asked for proceedings to be postponed to September 20.
Rodney de Kock, director of public prosecutions in Cape Town, was dealing with the case. He was assisted by deputy director Adrian Mopp.
The courtroom was packed to capacity. Anni Dewani’s relatives were not present, as they had been at previous appearances.
In the dock alone before magistrate Jackie Redelinghuys was Mziwamadoda Qwabe, who would remain in custody until the next appearance.
Qwabe’s lawyer Thabo Nogemane said Mngeni’s continued absence and uncertain prognosis were affecting Qwabe. Nogemane said the DPP had to “draw a line” at the next court proceedings, and urgently decide whether to proceed against Qwabe alone.
De Kock said the very purpose of the remand to September was to get clarity about Mngeni, which would enable the DPP to make the decision.
Dewani was shot dead in Gugulethu, near Cape Town, during the night of Saturday, November 13, last year, allegedly by hijackers hired by her husband Shrien Dewani.
The newlyweds, from the United Kingdom, were on honeymoon in Cape Town.
Shrien Dewani, who returned to the United Kingdom after the murder, was contesting court proceedings to extradite him back to South Africa.
‘Civilised’ enough for extradition
A London court heard on July 20 that there were no human rights arguments against against extraditing Dewani.
“South Africa is a civilised [country] for these purposes,” the British Press Association quoted Hugo Keith QC, for the South African authorities, as saying.
He was testifying in an extradition hearing in Belmarsh Magistrates’ Court in south-east London.
Dewani’s lawyers are fighting his extradition, partly on the grounds that he may not be safe in South Africa.
Dewani, a care home owner from Bristol, is said to be suffering from severe post-traumatic stress syndrome and has been excused from attending his extradition proceedings.
His legal team has cited his illness among the reasons why he should not be extradited.
Keith pointed out that if he were sent back to the country to face justice, Dewani could still argue he was unfit to instruct his lawyers, or to plead.
“If he is not mentally fit to stand trial, the court will determine whether he committed the act in question and if so, order his detention under the Mental Health Act,” Keith said.
In any event, there was a chance his condition could be managed by medication, he added.
“We will submit that the human rights arguments fall far short of the requisite threshold,” Keith said. – Sapa