No, he has not abandoned his client and he will ensure that Livhuwani Madadzhe receives the legal support that he is entitled to, says Advocate Ntsako Hlungwani.
During an interview on Tuesday, Hlungwani dispelled rumours that SABC Livhu, as his client is commonly called, is without legal representation. He also lifted the veil surrounding the circumstances in which his client is being kept at Thohoyandou Prison and explained why every accused needs to have proper legal representation in court.
Some refer to Advocate Hlungwani as "loyara vha dzi suit", which is a reference to the colourful and shiny suits he wears. Some call him the Pitbull for his successes in court. The Thohoyandou-based legal eagle has represented many high-profile cases over the years, and now also represents Livhuwani Madadzhe in his murder case.
The 38-year-old comedian from Mangondi Sidou, popularly known as SABC Livhu, stands accused of murder after the body of his wife, Lindelani Nengovhela, was found dumped in a water-filled trench in their backyard on Saturday, 28 January this year.
During his first appearance in the Thohoyandou Magistrate's Court on 30 January this year, Madadzhe indicated that he would be represented by Hlungwani, but the advocate failed to show up for his client's bail application. The case was postponed overnight and Hlungwani was ready at court the following day. This time, Madadzhe decided not to apply for bail.
On 23 February, Madadzhe appeared again, and the case was postponed to 30 March, but again, Hlungwani pulled a no-show - for unknown reasons. By this time, rumours started doing the rounds that Hlungwani had developed cold feet and deserted Madadzhe.
In an exclusive interview with Limpopo Mirror, Hlungwani dispelled the rumours, saying that he was still representing his client. About his absence in court, he said he was merely faced with a case of clash of priorities and that on 23 February he had been attending another serious matter in the Thohoyandou High Court. "The senior prosecutor at the Thohoyandou Magistrate's Court knew about all that. I went to him prior to the date to arrange it and I even asked him to stand the matter down, so that it would be done between 10:00 and 10:30. I was surprised and very disappointed to learn that the matter was called earlier, while I was still engaged at the Thohoyandou High Court," he said.
Hlungwani said that he then asked the prosecutor to bring the case before court on 14 March, so that a formal bail application could be made. "I am surprised to hear some laymen saying that the matter should have been heard on that date. Their Watching Brief Counsel should have best advised them what the position was at that moment. But he was making a lot of noise, impressing those noisemakers, instead of telling them the truth," he said.
Hlungwani further indicated that, except for the bail application, the matter was still very far from over. He said that the noisemakers would not serve as witnesses in court, and that he was shocked by their allegations that he had run away from the case.
"I want to put it on record that as long as Nemukongwe Attorneys Inc briefs me, I will do my job freely and fearlessly. It is necessary that Madadzhe have legal representation, as per the Constitution of the Republic of South Africa, which states that any arrested person must have a legal representative who knows the law, so that such a person should not be wrongly accused of a crime he or she did not commit. The law is very clear that anyone is presumed innocent until proven guilty by a court of law. Madadzhe must be granted that too," Hlungwani said.
Regarding the rumours that Madadzhe's well-being was at stake, Hlungwani was quick to point out that his client was fine, except that he had to be placed in a single cell as a result of threats by one of the prisoners who described himself as a "general" of Suka Emabozeni, who is an inmate at the Thohoyandou Prison. The prisoner apparently had a cellphone in his possession and used it to post messages on social media that indicated that Madadzhe's days were numbered. The phone was taken away from the prisoner when people started to voice their concern for the comedian.
"One has to question the safety of the inmates in that prison, where prisoners apparently do things at will. I wonder if there are even managers at that prison, and if so, how the prisoners get access to phones and other dangerous weapons with which they inflict harm on other inmates, as well as the workers in there. That they took the cellphone away simply means that things are being smuggled into the prison unnoticed," said Hlungwani.
As to whether the case would be moved elsewhere for security reasons, Hlungwani said that no plans to that effect had been made. "The matter will the heard in the jurisdiction of Thohoyandou. We have a very competent Thohoyandou Magistrate's Court, Thohoyandou Regional Court at Sibasa and the Thohoyandou High Court. The police and the law are there to protect our client. If the police and the law in those courts fail to protect him, then Nemukongwe Attorneys Inc, under Lufuno Nemukongwe, will decide which legal path to take in order to have his dignity restored by the court, as there are legal means to do that. I also have to put on record that Madadzhe's legal fees are being paid by his family and no other party," Hlungwani concluded.