Judge Ratha Interrupts Advocate Nxumalo… Courtroom Left Stunned!

Ajouté : 2026-05-14

[00:00:05]We go way over the city.

[00:00:06]I hear my way my lord.

[00:00:07]>> Yeah, but you never thought of it and I like it like I did.

[00:00:11]May maybe maybe I must I must go over to where the court wants me to go before I can come uh uh No, no, you won't you won't ever go where I want to go because I've got a very broad mind. Mine is still fresh.

[00:00:24]>> [laughter] >> of such kind of What would that entail?

[00:00:32]It means that during the IBC or during the uh cell inspection there was nothing that they found wrong with the suspect that they inspected.

[00:00:57]Can I the states took us through exhibit DD5 sorry DD 5 in bracket in bracket Romantica one which is the section 205 records in respect of uh the number 2760901 6890 The the state is alleging that that number is the number of Mr. Danso before court. So, I'm I'm I'm having here in my possession the section 205 records in respect of that number.

[00:01:35]You are you are following Kenneth? Yes, I'm following you.

[00:01:48]I'm also Kenneth in possession here it is exhibit DD5 exhibit DD5 Correctly so Kenneth you are not here but it is an affidavit which was compiled [music] by your former colleague, Lieutenant Colonel Sorry, not former. By Lieutenant Colonel Hoose, Gideon Hoose. It also contains the the contact numbers, which were retrieved from the number ending 6890.

[00:02:13]Are you still following? I'm following, my lord.

[00:02:20]>> [clears throat] >> With With that understanding, Colonel there's also evidence before this court that Mr. Danzo was detained at your police station, that is Vryheid police station, on the 2nd of July, 2020. Do you still follow?

[00:02:37]That's correct, my lord.

[00:02:47]So, in essence, Colonel, the version of the state is that during the period I'm now taking you to reference to exhibit 85 in brackets, Roman figure Sorry, in brackets E in brackets, Roman figure one in brackets. So, in essence, Colonel, the the version of the state is that during the period starting from the 1st of September 2020 at 1700 hours, 42 minutes, 30 seconds up to up to the 30th of November, 2020 at 2300 hours, 15 minutes, 25 seconds.

[00:03:33]This No, I'm sorry. Start from page one of 200, my lord. It's page one of 200.

[00:03:41]It is case number It is case number 1031227.

[00:03:50]It starts from page one. I'm sorry, my lord. It starts from page one of 200.

[00:03:54]It starts on the 1st of September 2021 hour 09 minutes 33 seconds up to page At the moment, up to page 142 of 200.

[00:04:10]At Sorry, on the 30th of November 2020 2300 hours 15 minutes 25 seconds. So, in essence, can I what the state is saying?

[00:04:20]On various occasions or and times Mr. Ndansi, that is now the version of the state. Mr. Ndansi was in contact with some persons who appear from the list the contact list in exhibit DD5 Roman figure Sorry, DD5 in bracket.

[00:04:38]So, this communication was between the period of the 1st of September to the 30th of November 2020.

[00:04:45]Do you still follow? I'm following my lord.

[00:05:13]I must also mention to you, Colonel, that the state is saying, that is the version of the state, that this communication happened when the accused, that is Mr. Ndansi, was at the Valhalla police station and the cell name, that is the tower, is 3T 3G Queenswood NGA.

[00:05:29]Do you still follow? I'm still following my lord.

[00:05:44]Your evidence, Colonel, is that during the period when Danse was in detention at Lera police station.

[00:05:50]There was no SAP 22. That is the property is property that was recorded in the SAP 10 register as well as the SAP 14.

[00:05:59]That's correct, my lord.

[00:06:10]You also testified that during his period of detention at Lera police station you you did not receive any information that Mr. Danse was found in possession of a cell phone during the cell visit or the cell inspection at the time of his detention. Is that correct? That's correct, my lord.

[00:06:35]That would also include the the the date that the police are alleging that the cell phone was found, which is the 7th of February 2021.

[00:06:43]After that date, you did not receive any information or report that Mr. Danse was found in possession of a cell phone once he was in detention at your police station. That's correct, my lord.

[00:07:02]With that understanding in mind and the background kind of that I traveled to you what would be your comment then therefore about the section 205 records that the state according to the state version I've told the court about.

[00:07:17]In terms of my vision, the tower You can just make an opinion my daughter to speculate.

[00:07:26]Is it complete?

[00:07:27]Yesterday complaining they say you're you're making submissions regarding evidence which you never did.

[00:07:41]I'm I'm lost. I'm lost. I did not I Yeah, just repeat that thing. Just repeat. Your objection I did not understand your objection. Yeah, yeah, let him repeat it.

[00:07:48]My submission is that Mr. Normal is now inviting the witness to make an opinion or speculations. Okay.

[00:07:54]Thank you, my lord. This is not an opinion or a speculation. I'm inviting a witness if he has a comment because if he has a comment to comment on the evidence that is before court. I'm inviting the witness to do that.

[00:08:06]There's evidence before this court, my lord. So, I'm inviting the witness to comment on the evidence that is before court.

[00:08:13]To be fair to this witness, did you tell this witness that uh Mrs. Uh Is Mrs. I'm feeling it.

[00:08:22]Not not feeling it. It's It's okay about it.

[00:08:24]The lady that the lady that they normally call Mrs. Mkhundise.

[00:08:27]Mkhula. Mkhula, that he also made a statement to the effect that he went there and found those It's fair to tell him that. Mkhabela it's Mkhani.

[00:08:35]Mkhani. Yes. It's fair to tell him that Mrs. Mkhani says he went there and he himself she found that blah blah blah blah. Are you with me? I'm with you, my lord. That's it. I'm still coming to that. I'm still coming to going there.

[00:08:46]>> is you haven't you haven't yet come to that. So, that's what I'm saying. This witness must be told the whole information, not drips and drabs. But but the objection, my lord, is two constructing versions before There's two constructing versions which which are mutually exclusive.

[00:08:59]>> The one is made by me because he wasn't even aware of that.

[00:09:02]Yeah, maybe it could be fresh. I don't know what it is. Is this fresh with But let me let me For convenience sake, my lord, let me call that because so that I can revert I revert I revert to this version.

[00:09:15]Colonel Sorry, just just so that we we all Where is that phone?

[00:09:20]Yeah, we were discussing it, my lord.

[00:09:22]>> No, no, no. I just want to know. This witness must know where that phone is.

[00:09:26]So, that he can comment. Colonel Just to be short and and and sweet to the point. Do you know where is that phone? I have no idea of any phone. But where is it?

[00:09:35]Do you know where is it? I have no idea where is it. I put it in evidence where that phone was. Is that correct, Mr. Baloyi?

[00:09:42]Let's collect my phone my my lord. The phone was sent to Middleburg to warrant officer for downloading. And it was downloaded blah blah. It was downloaded in evidence and was presented to So that phone is that phone is living and kicking like me, okay?

[00:10:07]My lord, I don't know how to progress now because issues are being raised while I'm still questioning the key witness. No no no, fine. You had You had I I I want to be fair to this witness because he may be laboring under the impression that that phone is nowhere. Is that not the impression you had? That's That's That's the That's it, but the point is they say the phone is there and it was downloaded at Middleburg by two experts.

[00:10:29]Drobo and some guy called Kumalo whatever.

[00:10:33]So that is the evidence I know. I listen to it.

[00:10:37]>> [clears throat] >> Maybe I'll leave that issue for argument because I will not understand my lord the relevancy of where the phone is in relation to the question that I'm posing to this witness.

[00:10:46]He know He knows He knows the He don't know the relevance of knowing where the phone is. No, wait wait. Don't you know the relevancy of where the phone is?

[00:10:53]I've I've just heard it now, my lord.

[00:10:55]Yeah, is it not relevant? It's relevant, my lord. It is relevant.

[00:10:58]It's relevant.

[00:11:00]Yeah, okay. You can go on.

[00:11:06]I see that my time is up.

[00:11:07]>> can go then, no problem. My question Thank you, my >> What's the time, Mr.? It's 20 past 20 past 3. Are we adjourning at 3:00 tomorrow or what? No, there's still still 10 minutes remaining, so I can exhaust the 10 minutes.

[00:11:53]No, the point is are you going to be finishing today or tomorrow? With this witness?

[00:11:57]Whichever witness. I doubt if we'll be able to finish this witness at this time. There's 10 minutes remaining before we we knock off.

[00:12:04]Yeah, look. So, let's adjourn.

[00:12:06]Okay, we can adjourn. Thank you.