The Durban Magistrate’s Court has mandated that police present a 34-year-old Burundian pastor in court following allegations that he violently assaulted actor and comedian Pastor Mjosty’s sister and her daughter.
The man, who is charged with attempted murder, did not appear for his scheduled court session, leading the magistrate to question why he had not been escorted to court, despite his detention.
The court learned that the accused remained hospitalized due to a hand injury sustained during the incident. However, Magistrate Scelo Zuma expressed concern over the police’s failure to adhere to legal protocols by allowing him to stay in a medical facility without appearing in front of a magistrate first.
The proceedings in KwaZulu-Natal revealed increasing worries regarding the handling of the case since the suspect’s apprehension.
“The police broke the law by taking it upon themselves to take him to hospital without bringing him before court first,” Magistrate Zuma stated.
He also determined that the decision by hospital officials to transfer the accused for a psychiatric evaluation was unlawful in the absence of a judicial assessment.
“He must appear so that the court can examine his condition and determine whether he is fit to stand trial. I require you to bring him to court tomorrow for his first appearance,” Zuma ordered.
Accused Allegedly Attacked Mother And Daughter
The accused faces four charges related to the incident involving Nomthandazo Mbhele, 43, and her daughter.
Allegations presented in court indicated that Mbhele suffered significant injuries after being attacked over 40 times, while her daughter was also harmed in the altercation.
The charges include two counts of attempted murder, one pertaining to Mbhele and another concerning her daughter, as well as a charge of gender-based violence and an additional allegation regarding his immigration status in South Africa.
This case has garnered public interest, given that Mbhele is the sister of well-known comedian and actor Pastor Mjosty.
Police Await Medical Report After Hospitalisation
During the court proceedings, the investigating officer disclosed that the accused was arrested with an injured hand and subsequently taken for medical care.
The officer noted that the suspect was supposed to stay under medical observation for 72 hours before being returned to police custody while awaiting his court appearance.
However, that time frame has now lapsed, and authorities are still waiting for a medical report.
The investigator also informed the court that the accused purportedly confessed to police involvement in the attack and acknowledged injuring his hand during the incident.
Family Demands Proper Handling Of Case
Representatives from the March and March organization affirmed their ongoing support for the Mbhele family as the legal process unfold.
Advocate Xolani Zuma, assisting the family, pledged to ensure the case is handled appropriately and that all legal options remain available.
He indicated that the family may consider private prosecution if the state opts not to advance the case.
Concerns were also raised about how the case is being managed, particularly following unverified claims that the accused may have been under the influence of substances during the alleged attack.
The suspect is anticipated to appear before the Durban Magistrate’s Court as police come under scrutiny regarding the reasons for his postponed appearance.
The investigation into the matter is ongoing.
