Mahungela trial delayed again as State warns defence over more postponements

The murder trial of 23-year-old, Bafana Mahungela, has been delayed once again in the Johannesburg High Court, despite both the State and defence indicating they could be ready to proceed next week.

Mahungela is accused of murdering Johannesburg teacher, Kirsten Kluyts, whose body was discovered near George Lea Park in Parkmore in October 2023 after she participated in a MyRun event.

The matter returned to court on Thursday, where proceedings were again postponed amid ongoing disputes over trial readiness and unresolved legal consultations.

The Johannesburg High Court postponed the matter to Friday as uncertainty continues over when the trial will officially begin.

According to the defence, consultations with Mahungela are still being finalised following delays in receiving transcripts related to his earlier appearances in the Palm Ridge Magistrate’s Court.

Mahungela’s legal representative told the court he expects to be ready by Monday. However, proceedings were interrupted after the Deputy Judge President reportedly decided the matter would not continue during the current court term.

Meanwhile, the prosecutor, Siyabonga Futshana, insisted they are ready to proceed and warned they may invoke Section 342A of the Criminal Procedure Act if delays continue. The section allows courts to intervene when postponements are deemed to be prejudicing the administration of justice.

“The State at the moment would like to give a warning to the defense in terms of Section 342A. The remand, if the court decided to grant the remand until Monday, if we are not proceeding on Monday, the state will bring that application or inquiry in terms of 342A.”

The State also told the court that discussions around Section 220 admissions remain unresolved, alleging that Mahungela is refusing to sign certain admissions linked to the State’s evidence.

The 23 year old’s Legal Aid representative said he will consult with the accused again regarding the admissions process.

“I will be sure after consulting him. This afternoon I will talk to him about consulting and then I will be sure what is the position because I am trying to explain to him to sign them but he is not willing to sign them.”

Mahungela faces charges including murder, kidnapping and robbery with aggravating circumstances. He remains in custody after multiple failed bail applications.

Written by: Lebohang Ndashe