Kgafela is free

TSHIRELETSO MOTLOGELWA
Staff Writer | Thursday June 3, 2010 00:00

 

The chiefs came before the magistrate in the afternoon after arriving from South Africa.

The police have been searching for Kgafela since Monday, after Moroka ordered that they be arrested for failure to attend their scheduled court session. Moroka wanted them to explain why they failed to appear in court on Monday.

Sidney Pilane argued for the withdrawal of the arrest warrant.  He said the purpose of the warrant had been achieved.

Pilane said that his clients had indicated that the date set for the initial session was not suitable for them. He said he contacted prosecutor Kgosietsile Ngakaagae, and discussed the men's request to be excused.

'Ngakaagae expressed no difficulty with our request. I communicated this to Kgafela and Mmusi. I understood this to be consent to their non-appearance. Kgafela and Mmusi considered that they were at liberty to not appear,' said Pilane.He argued that by going to South Africa they did not intend to disrespect the court.Pilane said that his clients' actions were purely a mistake and they could not be said to have been wilfully rejecting the court. He said the chiefs also advised that the other 13 men charged with them should be excused.

'Kgafela apologises to the court, which he holds in high regard,' said Pilane.

He said on Monday after the arrest warrant was issued following the court session, he talked to his clients who were in Johannesburg. 'They stated that they would return at the earliest time they could to present themselves to the court. They have not been arrested. They arrived in Mochudi only a few hours ago. Today was the earliest possible time they could return,' said Pilane.

Pilane told the court how frenetic efforts were made yesterday to make sure Kgafela and Mmusi met the magistrate. Pilane urged the court to withdraw the arrest warrants on the basis that his clients had come to the court.

He pleaded to the court why they failed to attend the Monday session, and that they would attend future scheduled sessions.

Kgafela said as a practicing lawyer in the last 12 years he had never shown any lack of respect for the court, nor to magistrate Moroka.

'There is no way that I could have acted in disrespect to this court. Surely there must have been some mistake and for that I profusely apologise. If our actions appeared as disrespectful I apologise. We beg for forgiveness,' concluded Kgafela. Modise David of the DPP argued that the Kgafelas had not just been contemptuous of court but they had helped 13 men  abscond from court as well.

He rejected the explanation given by Pilane that a summons cannot be negotiated and that only the court has the power to adjust the request for a summons. In granting the two their freedom, Moroka argued that the courts do not just apply the law. 'Their primary function is to deliver justice,' he said.  He said the objective of the warrant of arrest was to bring the suspects to court.

'Have these objectives been met? Their appearance means the objective of the warrant has been achieved. The accused person has come to plead. I am convinced by his statement,' announced Moroka.

Moroka concluded that it was safe to withdraw the arrest warrants. Furthermore Moroka pronounced that he believed that the accused would attend the next session. 'I am satisfied that the two will avail themselves,' he said.

Kgafela and Mmusi were represented by Advocate Pilane,  assisted by Sadique Kebonang, while David and Samantha Mbikiwa represent the state.