Livhuwani Madadzhe, the social media influencer and comedian also known as SABC Livhu, will have to wait longer before facing sentencing for fraud. He appeared in the High Court at Waterval on Friday, 9 January, where his case was postponed to 13 February.
The delay follows Madadzhe’s challenge to Judge Thongomelani Tshidada’s decision to revoke his bail, which he has taken to the Constitutional Court. Until the higher court rules, his fraud trial is on hold. His bail had been revoked in November after the defence requested time to obtain a pre-sentencing report, which attorney Khuliso Negota said could take up to 14 days.
Madadzhe’s legal situation has been complicated by changes in representation. In early December, he terminated the mandate of Mudau and Netshipise Attorneys, who had been representing him. This left him without legal counsel, as his interim team - attorney Khuliso Negota and Advocate Ntsako Hlungwani - had been instructed by the firm.
The court gave Madadzhe limited time to secure new representation, but he was unable to provide the necessary documents, causing further delays. During the December hearing, Judge Tshidada noted that Mudau and Netshipise Attorneys had also been funding his litigation, and their withdrawal ended the mandates of Negota and Hlungwani.
Madadzhe told the court he could not afford legal fees and needed time outside custody to raise money. He said he was also struggling to pay his children’s school fees and had health issues that required treatment at a public health facility. The judge dismissed his bail application at that time but instructed correctional facility medical personnel to ensure he received care.
Now representing himself, Madadzhe has filed parallel applications. One asks the Constitutional Court to overturn the bail revocation. Another asks the High Court to reconsider the decision and to have Judge Tshidada recuse himself, claiming the judge is unfit to preside.
Speaking in court, Madadzhe said sentencing on counts one and two should proceed before a judicial officer who would also preside over the remaining charges, from which the court has recused itself.
“I am still waiting for a new judge. The court’s return to the matter was against the law, as it violated section 165(5) of the Constitution. The revocation of bail was unnecessary, my Lord,” he said.
Judge Tshidada dismissed both applications, saying Madadzhe had provided no new grounds, was repeating arguments already heard, and was wasting state resources by pursuing the same relief in different courts. The judge also rejected the recusal request.
Madadzhe’s bail had been revoked after he admitted to two counts of fraud linked to faking his mother’s death to claim insurance money. Sentencing on those charges remains suspended until the Constitutional Court rules.
“The application compels the court to halt proceedings and maintain the status quo until a superior court either sets aside or confirms my judgment, findings and orders,” Tshidada said, adding that sentencing will remain on hold.
Madadzhe also faces a murder charge in connection with the death of his partner, Lindelani Nengovhela, who was killed three years ago. He is due back in court for the case on 9 February.