Couldn't the NPA send another prosecutor?

Added: 2026-05-25

[00:00:00]I do have a couple of questions at this point. Is it not possible given the fact that it's not Mkhwebane's case, but that of the National Prosecuting Authority?

[00:00:08]Could somebody else have represented the NPA in that matter?

[00:00:12]I don't know. You see, I've never really practiced criminal law, so it's my interpretation of what sounds to be reasonable or otherwise, bringing in obviously constitutional injunctions, including but not limited to the right to be presumed innocent unless and until proven guilty by a competent court, which this is. So, Sibanyoni is not guilty of anything unless proven otherwise. He has the right to access to court, and this instance would have been a denial of him having access to court. He was told to go there on a particular day, he was there, and the state was not there. So, already the NPA, at least on those facts, is not painted in a good light.

[00:00:47]Were the reasons of Mkhwebane sufficient? Let's assume they were sufficient. The question then I have, and I don't have an answer to this, is why could the court and the NPA not come to, together with the defense, obviously, a decision of when to proceed or how to proceed?

[00:01:04]Remember, I said it's the National Prosecuting Authority that leads the case through Mkhwebane. It's not Mkhwebane's case. So, why could the NPA, if Ndaba knew what he knew on Friday that he wouldn't be able to present the NPA on Monday, get a junior, get somebody else to run the state's case? Or why did the magistrate insist that Monday had to be that day?