The Gauteng High Court in Johannesburg has dismissed an application by Nthabiseng Zandile Nzama, accused number five in the high-profile attempted murder trial of alleged criminal kingpin Vusimuzi “Cat” Matlala, to be excused from attending proceedings unrelated to the charges she faces.
Nzama, who faces three money laundering counts for allegedly using her business account to channel more than R100,000 to facilitate the alleged hits, asked the court for permission to be absent during testimony not directly implicating her. Through her lawyer, Advocate Timothy Chauke, she argued that the lengthy trial—running until 7 August and resuming from 31 August to 18 September—was placing an undue burden on her academic responsibilities. Currently pursuing a Bachelor of Commerce honours degree at Stadio Higher Education, Nzama stated in an affidavit that daily travel between Pretoria and Johannesburg left her “physically and mentally exhausted, leaving little or no meaningful opportunity to devote to my academic responsibilities”.
However, Judge Cassim Ismail Moosa ruled that the application did not meet the legal threshold required under Section 159 of the Criminal Procedure Act, which permits an accused’s absence only in limited circumstances such as illness or family emergencies. The judge pointed to the common purpose doctrine in the amended indictment, which could tie Nzama to more than her three counts. He also noted that the State would allege a white BMW used in one shooting was registered in Nzama’s name. Criticising the timing of the application, Moosa questioned why it had not been raised during pre-trial proceedings. Despite the State not opposing the request, the judge emphasised that the court must independently assess whether legal requirements are met.
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