Last Friday the DC's attorney, Gabriel Komboni successfully applied for an amendment to remove Ndulamo from the line-up of witnesses. The plaint has omitted the bishop and now reads that: "The first defendant (Robert Muzila) has admitted to commission of the same adultery on May 18, 2007 as well as on May 19, 2007 before the plaintiff's two brothers, first defendant's uncle and a cousin as well as the plaintiff at a meeting he convened at Ramokgwebana on the same dates". Morgan Moseki, attorney for one of the women alleged to have committed adultery with Robert Muzila did not oppose the amendment granted by Justice Thomas Masuku. The DC said in her application for amendment that after she issued the summons, it came to the knowledge of Ndulano that his name has been referred to in the declaration. "Bishop Ndulano approached me and indicated that he did not want his name to appear in the court proceedings due to the fact that he is a bishop of a church with a large flock and he deals with many people with different problems. He further indicated that reference to his name in the context will reflect badly on him as it would seem to suggest that he takes sides on matters where he was attending to couples with marriage problems. He further stated that it would seem to suggest that he will give evidence on matters that should otherwise kept out of the public domain," said the DC who is also a marriage counsellor and marriage officer.
She added that the need to amend the declaration was also necessitated by the fact that in blatant disregard to the rules of court, its contents have been published in the newspapers. "The publication of my declaration as aforesaid has, according to Bishop Ndulano caused consternation within his church," she added.
The DC revealed that she must state however that even before the same publication, the bishop had asked her to remove any reference to him from her court papers and she accordingly agreed to do so.
