The long-running murder case against a man accused of killing his wife took yet another turn this week when the presiding judge was asked to recuse himself.
The accused, Mr Tshilidzi Simethi (60), and his alleged accomplice, Mr Tsundzuka Hlengani (34), stand accused of the murder of Ms Esther Simethi, a professional nurse and manager of the Mavhunga Clinic. She was 46 years old at the time of her death.
The incident took place at Raliphaswa on 18 January 2018. Since then, the case has dragged on for years, with the accused making numerous court appearances. The drawn-out proceedings have placed considerable strain on the family of the victim, who have been longing for closure. At times, they have felt helpless and believed that justice was being denied.
On Monday, 23 June, when the trial was set to resume at the Thohoyandou High Court, sitting at the Waterval Magistrate's Court, further delays arose. The legal representative for one of the accused indicated that he was withdrawing from the case, citing non-payment of legal fees. As a result, the case was postponed overnight to 24 June.
When proceedings resumed, the State submitted an application for the judge to recuse himself.
According to the regional spokesperson for the National Prosecuting Authority (NPA) in Limpopo, Ms Mashudu Malabi-Dzhangi, the defence attorney for accused number one, Mr Simethi, had also acted as a judge in a civil matter, while representing Mr Simethi before the same presiding judge.
"The case was supposed to have been completed already, but there have been snags. We believe it will be finished soon. The case has been postponed to 23 July for preparations and for a new judge to take over the matter," she said.
The deceased's daughter, Ms Khumbudzo Simethi, welcomed the development.
"This serves us well. We were beginning to feel the court was taking sides. That the judge recused himself and that the case will be handled by a new judge gives us hope that we will finally have justice and find closure in the matter. We are very much indebted to the community that has stood up by our side and given us support," she said.