Mahungela murder trial postponed amid legal clash

The murder trial of 23-year-old, Bafana Mahungela, has been postponed to Wednesday following heated legal disputes between the State and the defence over procedure, witness consultations and legal standing.

Mahungela, who appeared at the Johannesburg High Court, is accused of the kidnapping, robbery and murder of Johannesburg teacher Kirsten Kluyts, whose body was found along a jogging path in November 2023. He has pleaded not guilty to all charges.

He was arrested in November 2023 after CCTV footage allegedly showed him leaving the scene wearing Kluyts’ T-shirt.

Proceedings on Monday were expected to continue with further evidence, but were quickly disrupted by a legal standoff.

The defence challenged an application involving two potential witnesses, arguing that proper procedures had not been followed and questioning the State’s authority to bring the application.

The State conceded it had not yet received formal instructions from the State Attorney’s office and requested a postponement on that aspect. However, prosecutors maintained that the issue did not affect the substance of the trial and pushed for proceedings to continue.

Defence lawyer, Stanley Jacob, strongly objected warning that proceeding without consulting key witnesses would prejudice the accused and compromise his right to a fair trial.

“My Lord, this piecemeal approach of preparing our matter has totally compromised our rights to a fair trial. There’s no way that we can proceed without having consulted with the witness that we have subpoenaed properly. We want to first consult with the two advocates before we proceed, my Lord.”

Tensions escalated further when defence lawyer, Mfundo Ncongwane, accused the State of lacking transparency and failing to properly prepare its case.

“We are of the view that the state has not played open cards from the beginning in this matter. And there are a lot of issues that we need to deal with, especially what I’ve just indicated. So I don’t want to divulge. on information that we have not, on issues that the court has not dealt with. But what I can say is that we do have a good case in this battle,” he said.

Ncongwane argued that consultations with crucial witnesses were still outstanding, making it impossible for the defence to adequately proceed.

The State, however, insisted the dispute relates to a single witness whose testimony has already been concluded, and argued that the trial should proceed on its merits.

Despite this, the court ruled in favour of a postponement after it emerged that the State was not ready to proceed with a key application due to a lack of proper instructions.

A post-mortem revealed that Kluyts, who was 24 years old and 14 weeks pregnant at the time, died from blunt force trauma and strangulation.

The matter has been postponed to Wednesday, when the State is expected to clarify its position. The court will then decide whether the trial can proceed or whether an application for Mahungela’s release should be considered.

The matter has been postponed to Wednesday, when the State is expected to clarify its position. The court will then decide whether the trial can proceed or whether an application for Mahungela’s release should be considered.

Written by: Lebohang Ndashe