The murder trial of social media personality Livhuwani Madadzhe, popularly known as SABC Livhu, was thrown into disarray after the presiding judge, Justice Thogomelani Tshidada, recused himself on Thursday, 8 May.
The trial will now have to start afresh before a new judge, with proceedings expected to resume on 21 July in the Thohoyandou High Court.
Madadzhe's defence team launched a formal application for recusal on 5 May, arguing that their client's constitutional right to a fair trial — including the right to be presumed innocent and to remain silent — had been compromised.
The judge's withdrawal came a few days 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. The doctor informed the judge directly about the request.
The defence seized on this detail, insisting that the judge recuse himself because of a perceived conflict of interest or bias.
According to the defence's heads of argument, Judge Tshidada's alleged failure to disclose a personal or business relationship with the medical practitioner would, in all likelihood, influence the outcome of the case. The court papers allege that the doctor who informed the judge of the request for a sick note had known Madadzhe for more than seven years and also allegedly had business dealings with the judge.
The defence argued that this context created an apprehension of bias, and under South African law, even the appearance of bias is sufficient to disqualify a judge. "The question," the heads of argument stated, "is whether a reasonable, objective and informed person would, on the correct facts, reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication."
Although the judge had previously insisted that the WhatsApp exchange would not be admitted as evidence, he referred to it in open court, raising questions about Madadzhe's credibility. This, the defence claimed, suggested the judge had already made up his mind about their client's character.
In addition to the recusal, the defence applied for leave to file a supplementary affidavit, permission to name the doctor involved, and an order compelling the doctor to testify in support of the recusal application.
Madadzhe's legal team requested that the murder trial start anew. All evidence will have to be re-led, and the case heard by a different judge.
Before recusing himself, Judge Tshidada made it clear that the charges to which Madadzhe had already pleaded guilty — fraud and assault with intent to cause grievous bodily harm — would remain in place when the trial resumes.
Madadzhe stands accused of the 2022 murder of his partner, Lindelani Nengovhela, whose body was found in a waterlogged pit toilet at Sidou-Mangodi village outside Thohoyandou.