The community of Katlehong gathered outside like there was some big-shot politician appearing in the Palm Ridge Magistrate's Court when Xolani Khumalo made a brief appearance today, facing one count of murder.
When the former Moja Love presenter entered the building, wearing a Madiba-style shirt and black trousers, his bodyguards stood at the door, demanding identification from everyone who entered the courtroom.
The former Moja Love presenter on Thursday, 22 February 2023, cut a lonely figure during a short adjournment as he sat not too far from the family of the person whose death Xolani is implicated in.
Robert Varrie was allegedly murdered during the filming of an episode of Sizok’thola, Xolani's Moja Love show. Key to linking him to Robert's death is footage which the NPA contends in in the possession of Moja Love.
His matter was today postponed because the State is still waiting for Moja Love to provide video footage from the day of the day the incident.
This is after the family alleged that Xolani beat Robert up after he found out he was selling drugs.
Robert from Phadima Section in Katlehong, East of Joburg, was allegedly assaulted during the recording and was later dropped off by the film crew at Thelle Mogoerane Hospital in Vosloorus after he was found with drugs called CAT.
The former Sizok’thola presenter handed himself over to the police after a case of murder was laid against him at Katlehong North Police Station last year.
Read more | ‘I love my country and I am going to fight for it’ – Xolani Khumalo continues with drug busts
Addressing the court this morning, Advocate Pheello Vilakazi started by apologising for the long adjournment and explained that there was a meeting with the Senior Public Prosecutor, Defence, and the investigating officer in relation to this matter.
“The delays seem to be caused by the Moja Love crew. A formal request has been lodged with Moja Love by the state to obtain the video footage that is involved in the incident. Moja Love has prolonged the provision of this footage to the State to an extent where, today, Moja Love will provide the footage, subsequently to that upon speaking to the investigation officer he did indicate that Moja Love says they are on their way to provide the video footage.”
Advocate Vilakazi told the court that Moja Love told the National Prosecuting Authority spokesperson Phindi Mjonondwane that they have arranged with the investigating officer to provide the video footage.
“The matter can be postponed, during the interim of this postponement video footage shall be provided to the investigating officer for the purposes of identification of further suspects and so on. Initially, Moja Love was supposed to be in court, but they informed the IO that they were not coming.”
Magistrate Singh asked Vilakazi to clarify if they are not asking the TV channel for the footage but demanding it under Section 205 of the Criminal Procedure Act, which makes it possible for a police officer to obtain relevant material or information.
“You are not asking for help, you are demanding. Can you make that known? I am going to allow an adjournment. But, once the video footage is there, don’t come on the next occasion and say we are still waiting for Moja Love. If you have a Section 205, it empowers you,” the Magistrate warned.
Vilakazi said an identity parade and further investigations would be done after the video footage was made available. “Furthermore, we had a conversation with the regional court control on this matter. It is not only the parade and further investigations that are outstanding. However, forensic investigation is also outstanding. There is cellphone footage that will be taken for forensics for the purposes of identifying whether the person therein identified is indeed the suspect.”
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Mjonondwane says the NPA requested a further postponement due to outstanding investigations. She emphasized Moja Love plays an important role in assisting the case of the State and they are empowered by the law to subpoena them to provide the footage.
“We are hoping that the Moja Love team will deliver the necessary footage and all that has been requested by the IO (Investigating Officer) as planned with them today so that the matter can move forward. We are hopeful that by April the outstanding footage would’ve been delivered.
“The video footage will assist the state in terms of identifying possible suspects. We believe there will be progress in terms of identification of possible suspects because, among the outstanding investigations that must be concluded, is the ID parade that must still be held after the footage is viewed.”
