Latest news with #Section204
IOL News
13 hours ago
- IOL News
Witness recants, undermining State's case against Bulelani Yosana in murder trial
Bulelani Yosana is currently awaiting trial alongside accused hitman James Easton for the contract murder of Bloekombos teacher and ANC activist Vuyo Dana. Yosana's latest bail appeal bid failed in the Western Cape High Court. Image: File Accused killer, Bulelani Yosana's bail appeal again failed in the Western Cape High Court this week, where he argued that the State's case against him has considerably weakened after a Section 204 witness recanted on their statement. Yosana is currently awaiting trial alongside accused hitman James Easton for the contract murder of Bloekombos teacher and ANC activist Vuyo Dana. A trial date is yet to be set for the matter. After a previous unsuccessful attempt, Yosana, a former police officer and ANC branch secretary, filed a new bail bid appeal with the High Court, citing the recanted statement, that a trial date remains unset, and that his bank account is about to be closed for non-compliance with the Financial Intelligence Centre Act. Dana was shot and killed at his home in February 2022 while on his way to work at Bloekombos Senior Secondary School, in Kraaifontein, in what has been alleged to be a politically motivated killing. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Yosana brought the second bail application on the basis that new facts have arisen since the initial bail court (Regional Court) refused to admit him on bail, pending the finalisation of his trial. Yosana and Easton face a variety of offences arising out of the murder which occurred on February 22, 2022. The offences include a contravention of Section 18 of the Riotous Assemblies Act, conspiracy to murder, and murder. Through his attorney, Yosana submitted that following the bail application, hearing, and the appeal, they discovered a statement in which the Section 204 witness recanted what he stated in his Section 204 affidavit. According to Yosana's lawyer, there are no eyewitness accounts that place Yosana on the scene, and he claims that due to the recanting statement, there is insufficient evidence. 'According to Mr Booth (Yosana's attorney), this recanting statement was never discovered by the State, and as such, it alters the overall picture of the State's case. 'In this (newly) discovered statement, the Section 204 witness is recanting what he initially told the police about the involvement of the applicant (Yosana) in the commission of the offences the applicant is arraigned on. Booth advanced the argument that the State case is based primarily on the evidence of the Section 204 witness. 'Booth's argument postulates that if the Section 204 witness has recanted his original police affidavit, wherein he originally implicated the applicant in the crimes, the necessary corollary is that the State's case has since been considerably weakened. According to the applicant, this discovery presents an insurmountable hurdle for the State,' the court record read. The State did not dispute that the Section 204 witness has since recanted his first key pre-trial statement. 'According to the State's heads of argument, the Section 204 witness filed a recanting statement after the residence of the witness was visited by the applicant and after the applicant's arrest. To this end, the State specifical contends that the recanting statement is a product of interference with a State witness,' the judgment further read. High Court judge Constance Nziweni, said: 'There is no doubt that the existence of a recanting statement presents considerable odds in the prosecution's case. Undoubtedly, the strength of the State's case is now called into question. It is appropriate at this stage to say something about the presumption of innocence. 'It should be observed that, according to the Constitution's principles, the bail court is deeply concerned with the right of a person who is presumed to be innocent, whose right to liberty is at stake. However, despite the right to be presumed innocent, there are instances where an accused person has to be detained pending the trial.' Judge Nziweni said that Yosana did not satisfy the court with reasons to be released on bail. 'In view of the foregoing, this court is of the firm opinion that in this matter, it cannot be said that there is no longer a 'just cause' behind the accused's detention. Though the prolonged detention of the applicant is regrettable, it cannot be said that the delay is unreasonable, as such, it amounts to a new fact that warrants his release,' said Judge Nziweni.
The South African
04-06-2025
- General
- The South African
Will Joslin Smith state witness get indemnity or face JAIL?
The state witness in the Joslin Smith trafficking trial, Laurentia Lombaard, is awaiting her fate of indemnity or a prison sentence in a special hearing under the Western Cape High Court. The woman – a former accused who turned State 204 witness – has previously stated under oath that the missing girl's mother, Kelly Smith, allegedly sold her daughter to a sangoma for R20 000. Last week, Kelly, her boyfriend Jacquin 'Boeta' Appollis, and pal Steveno van Rhyn were sentenced to life in prison for trafficking and kidnapping. The trio has 14 days to apply for leave to appeal the sentence. Joslin went missing from her home in Saldanha Bay on 19 February 2024. She has not been found. Speaking to the SABC, National Prosecuting Authority (NPA) prosecutor Zelda Swanepoel revealed Western Cape High Court Judge Nathan Erasmus would hear evidence and arguments from both the prosecution and the defense pertaining to state witness, Laurentia Lombaard. He would impose her sentence in a separate hearing. Swanepoel said: 'We will be called upon to argue and indicate why we say she should or should not be granted indemnity. 'Our argument is that she should be granted indemnity.' State witness Lourentia Lombaard testified that Kelly Smith sold her daughter Joslin to a sangoma. Will she be granted indemnity for her testimony? Images via YouTube screenshot: SABC News. Laurentia Lombaard – a State 204 witness – previously stated under oath that Joslin Smith's mother, Kelly Smith, allegedly sold her to a sangoma for R20 000. Lombaard also claimed in her testimony that Kelly had offered her R1 000 in 'hush money'. She added that she had not received the money, even after confronting Kelly about it. Late last year, charges were withdrawn against Lombaard, who was granted provisional indemnity from criminal prosecution. However, her credibility was questioned when she admitted to lying to police in a recorded statement after Joslin Smith's disappearance. Her version of events from her March 2024 statement differs from her confession to police in October, when she agreed to turn state witness. In court, she admitted to being under the influence of drugs when making the initial statement. According to the Criminal Procedure Act, a Section 204 witness can receive indemnity from criminal charges, provided that their testimony and evidence help incriminate the accused. In the case of Joslin Smith, the NPA offered Lombaard witness protection in exchange for her testimony against Kelly Smith, Boeta Appollis, and Steveno van Rhyn, who have since been convicted and sentenced. If the court does find that Lombaard did not testify truthfully, she could face prosecution for perjury and related charges. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
The South African
01-06-2025
- The South African
Joslin Smith court case: What happened to state witness?
Western Cape High Court Judge Nathan Erasmus has imposed a life sentence on convicted traffickers of Joslin Smith, including her mother, Kelly Smith. But what about the state witness, Lourentia Lombaard? The woman – a former accused who turned State 204 witness – has stated under oath that Kelly allegedly sold her daughter to a sangoma for R20 000. Kelly, her boyfriend Jacquin 'Boeta' Appollis, and pal Steveno van Rhyn received concurrent sentences for trafficking and kidnapping. During his sentencing hearing, Western Cape High Court Judge Erasmus revealed that the trafficking trial's fourth former accused, turned state witness, Lourentia Lombaard, would hear her fate in another court date. Lombaard – a State 204 witness – previously stated under oath that Joslin's mother, Kelly Smith, allegedly sold her to a sangoma for R20 000. Charges were withdrawn against Lombaard, who has been granted provisional indemnity from criminal prosecution. However, her credibility was questioned when she admitted to lying to police in a recorded statement after Joslin Smith's disappearance. Her version of events from her March 2024 statement differs from her confession to police in October, when she agreed to turn state witness. According to the Criminal Procedure Act, a Section 204 witness can receive indemnity from criminal charges, provided that their testimony and evidence help incriminate the accused. In the case of Joslin Smith, the National Prosecuting Authority offered Lourentia Lombaard witness protection in exchange for her testimony against Kelly Smith, Boeta Appollis, and Steveno van Rhyn. However, if the court finds that the witness has not testified truthfully, they may face prosecution for perjury and related charges. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
The Citizen
14-05-2025
- The Citizen
Former Dundee police captain sentenced for conspiracy to murder SAPS head
Former Dundee police captain Roshanlal Banawo has been sentenced to 10 years' imprisonment after being found guilty of conspiring to murder SAPS Umzinyathi head Major-General Francis Slambert. Dundee Courier reports that Newcastle Magistrate Ian Colditz also found Banawo unfit to possess a firearm. The two Section 204 witnesses, William Dlamini and Sthembiso Mdlalose, who were part of the conspiracy but testified against Banawo for the state, were discharged from prosecution. A Section 204 witness in South Africa is a person who, under Section 204 of the Criminal Procedure Act 51 of 1977, is called to testify against others in exchange for indemnity from prosecution for their own involvement in the same crime. This means they are essentially granted immunity from prosecution for their role in the crime if they testify truthfully and fully. Banawo was arrested in November 2023 when the plot against Slambert became evident. Slambert survived at least two assassination attempts between May and August 2023. Banawo, who was dismissed by the SAPS around 2019, has been in custody since his arrest. He is still appealing his dismissal. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
14-05-2025
- The Citizen
Banawo jailed for 10 years for plotting to kill police general
Former Dundee police captain Roshanlal Banawo has been sentenced to ten years' imprisonment after he was found guilty of conspiring to murder SAPS Umzinyathi head, Major General Frances Slambert. Newcastle Magistrate, Ian Colditz, also found him unfit to possess a firearm. The two 204 witnesses, William Dlamini and Sthembiso Mdlalose, who were part of the conspiracy but testified against Banawo for the state, were discharged from prosecution. A 'Section 204 witness' in South Africa is a person who, under Section 204 of the Criminal Procedure Act, is called to testify against others in exchange for indemnity from prosecution for their own involvement in the same crime. This means they are essentially granted immunity from prosecution for their role in the crime if they testify truthfully and fully. Banawo was arrested in November 2023 when the plot against Slambert became evident. Slambert survived at least two assassination attempts on her life between May and August 2023 Banawo, who was dismissed by the SAPS around 2019, has been in custody since his arrest. He is still appealing his dismissal. HAVE YOUR SAY: Like our Facebook page, follow us on Twitter and Instagram or email us at Add us on WhatsApp 071 277 1394. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
