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Judge in Nateniël Julies case fumes about postponement

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ActionSA's John Moodey and Nateniël Julies' mother, Bridget Harris, at the South Gauteng High Court.
ActionSA's John Moodey and Nateniël Julies' mother, Bridget Harris, at the South Gauteng High Court.
Tebogo Monama
  • The judge in the Nateniël Julies case slammed the case having to get yet another postponement.
  • The three police officers accused of killing the Eldorado Park boy appeared in court on Thursday. 
  • The case was postponed to May.

South Gauteng High Court Judge Majake Mabesele read the riot act to the prosecution in the case against three police officers accused of killing an Eldorado Park teenager with Down syndrome over long delays in finalising the matter.

Nateniël Julies was shot dead in August 2020 just metres from his Johannesburg home. Mabesele fumed on Thursday as the trial was set to start, but the prosecution asked that the matter be postponed to May.

The officers – Sergeant Simon Ndyalvane, Constable Caylene Whiteboy and Sergeant Voster Netshiongolo – made their first appearance in the High Court on Thursday. Their case was transferred from the Protea Magistrate's Court to the High Court in February.

(Photo: Sharon Seretla)
Nateniël Julies.

Ndyalvane and Whiteboy are charged with murder, discharging a firearm in a public place, the possession of prohibited ammunition and defeating the ends of justice. Netshiongolo is facing charges of defeating the ends of justice, being an accessory to murder and the possession of prohibited ammunition.

When the parties asked for a postponement so that further investigations could be done, Mabesele was not impressed.

Mabesele said:

This is not how it works. Once a matter is in the High Court, we have to proceed. We are sitting with lots of matters that can't proceed because of incomplete investigations. Those things have to be done in the lower courts so that when they come to the High Court, we just proceed with the trial.

The judge agreed to postpone the case to 28 May and warned that investigations must be completed by then. The three police officers, who were stationed at the Eldorado Park police station, are accused of killing 16-year-old Nateniël in August 2020 at a tuck shop.

The boy, who had Down syndrome, died at the Chris Hani Baragwanath Hospital.

Justice 

"The judge made it very clear that he will not tolerate any delays in the case. The family is disappointed by the postponement. We hope and pray that this case is concluded by the end of this year," ActionSA member and spokesperson for the Julies family John Moodey said.

The party appointed Mkhabela Huntley Attorneys, on behalf of the family, to act as watching brief attorneys during the case.

"We will be working as an oversight looking at the criminal procedure and making sure that justice is attained in a speedy manner," the law firm's Boitumelo Dhlamini said.

Nateniël's mother, Bridget Harris, said the postponements were taking a toll on her.

"The journey me and Nateniël went on is remarkable. We were very close. For me to come to court and hear these postponements is painful. What he went through that night, nobody can describe. He went through it alone. He had no voice to scream or to ask for help. Or to say stop."

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