The murder trial of popular social-media personality Livhuwani Madadzhe, better known as SABC Livhu, has been delayed yet again — this time after Presiding Judge Thogomelani Tshidada officially recused himself from the case on Thursday, 8 May.
When the matter resumed in the Thohoyandou High Court on Monday, 5 May, Madadzhe's defence filed an undisclosed application, believed to be a bid to have the judge step down over alleged bias. While the prosecution said it was ready to proceed, the defence requested a postponement to prepare its arguments.
Arguments were expected to be heard on Wednesday, 7 May. However, Tshidada's recusal the following day has effectively brought the current leg of the trial to a halt.
Before stepping down, the judge confirmed that the two charges to which Madadzhe had already pleaded guilty — grievous bodily harm (GBH) and fraud — would remain on record when a new judge took over. The trial is now expected to resume on 21 July.
The judge's withdrawal came shortly after he had disclosed details of a WhatsApp conversation between Madadzhe and a doctor. Madadzhe had allegedly tried to obtain a sick note that would have allowed him to avoid testifying and delay the hearing. While Tshidada ruled that the message would not be submitted as evidence, he referenced it to question Madadzhe's credibility and suggested the defence's application was a stalling tactic.
"The application that is currently being made by the defence council — when I view them against these messages that were transmitted to me — they cast doubt on this application from yesterday morning. He has been attempting to obtain a sick note from a doctor," Tshidada said.
"I must commend [the doctor]; he acted professionally by bringing this to the attention of the court," he added.
The defence latched onto this detail, insisting that the judge recuse himself because of a perceived conflict of interest or bias. This was seemingly because details of the conversation between the accused and the doctor had been sent to the judge directly.
Madadzhe's case will now be reassigned to another judge, and proceedings will continue from where they left off. The new presiding officer will need to familiarise him-/herself with the evidence already led in court.
Madadzhe stands accused of murdering his partner, Lindelani Nengovhela, in 2022. Her body was allegedly dumped in a waterlogged pit toilet at Sidou-Mangodi, outside Thohoyandou.