By Maanda Bele and Thembi Siaga
Comedian Livhuwani "SABC Livhu" Madadzhe remains in custody after the High Court in Thohoyandou revoked his bail, raising questions about whether he will spend Christmas at home this year.
His legal team, led by attorney Khuliso Negota, described the revocation of bail as "unconstitutional" and plans to approach the Constitutional Court for direct access, arguing that Madadzhe's rights are being infringed.
Madadzhe was remanded in custody on Friday, 14 November, after the High Court, sitting at the Waterval Magistrate's Court, cancelled his bail and postponed his sentencing proceedings. The decision followed a request from the defence for time to obtain a pre-sentencing report, which Negota said could take up to 14 days.
Sentencing had initially begun on Wednesday, 12 November, but proceedings were postponed the following day. The Thursday hearing collapsed when both defence lawyers, Negota and Adv Ntsako Hlungwani, failed to appear, prompting Judge Thogomelani Tshidada to demand an explanation. Madadzhe was given the chance to contact his legal team, but neither was available.
Negota later told the court he had assumed Hlungwani would attend in his place. "I was not available and I thought my learned colleague would be available. I even had to cancel my flight ticket after I was notified in the afternoon," he said.
The court clarified that Judge Tshidada will preside only over Counts 1 and 2 — the fraud charges to which Madadzhe had pleaded guilty — while a different judge will handle Counts 3, 4, and 5: murder, assault with intent to cause grievous bodily harm, and defeating the ends of justice.
The defence also faced scrutiny after Negota asked Judge Tshidada to recuse himself from all charges, despite the judge being scheduled to deal only with the fraud counts. Negota argued the matter should start anew before a new judge, saying they were "surprised" to see Tshidada back on the bench after his recusal in May.
The fraud charges date back to 2017, when Madadzhe allegedly faked his mother's death to claim insurance money. He reportedly succeeded in one claim but failed in another attempt to defraud FNB after his sister informed the bank that their mother was still alive.
Madadzhe also faces serious charges linked to the January 2023 death of his partner, Lindelani Nengovhela, whose body was found in a water-filled pit toilet at his home in Mangondi Sidou outside Thohoyandou.
Negota described the revocation of Madadzhe's bail as unconstitutional. "From our perspective, the decision was unconstitutional. We are planning to approach the Constitutional Court requesting direct access, as his constitutional rights are being infringed. Exercising one's legal rights in full cannot be considered a delaying tactic," he said.
He explained the importance of the pre-sentencing report, which includes interviews with Madadzhe's family and an assessment of his personal circumstances. "Livhu is the sole breadwinner for his family. There are social factors that contribute to criminal behaviour, and these need to be considered such as whether imprisonment will serve any purpose and who will provide for his children if he is jailed," he said.
Negota added that Madadzhe himself felt the judge was acting personally against him. "We (his lawyers) believe the judge is very vested in this matter," he said.
Judge Tshidada defended the court's decision, stating that it had considered the law, the state of the matter, and the interests of justice.
He issued three orders: sentencing proceedings are postponed to 4 December 2025 to allow the defence time to obtain a pre-sentencing report; bail previously granted by the lower court is cancelled with immediate effect; and Madadzhe is remanded in custody until his next court appearance.
"This is personal," Madadzhe muttered after the judge left the courtroom, leaving uncertainty over whether he will be home for Christmas.