The duo, Sekwetja Mahlambi and Sekola Matlaletsa, reappeared in the Senekal Magistrate’s Court on Friday after the case was postponed in December 2020 for further investigations.

Advocate Machini Motloung, who is representing the second accused, Matlaletsa, says the case has been postponed to 30 March 2021 as the DNA analysis has not been completed. 

Previously the state prosecutor told the Free State High Court Judge Celeste Reinders that the DNA sample, taken from the bloodied trousers of Mahlambi in Fateng Tse-Ntsho in Paul Roux near Senekal, is still being analysed by the state's laboratory. 

The National Prosecuting Authority's (NPA) regional spokesperson, Phaladi Shuping, says the DNA results are still outstanding and the state can't tell how long it will take for them to be available.

During the bail application in Senekal previously, the court heard that the DNA samples taken from Horner's bakkie could not be linked to the accused because the results were inconclusive and could not be analysed. The court also heard that it could take up to six months to obtain results from blood samples taken from Mahlambi's trouser. 

Motloung has accused the state of violating the rights of the two accused. He says the state is denying them a speedy a trial in terms of section 35(3)(b) of the Constitution. The two are still in custody.

In December 2020, the High Court in Bloemfontein denied Mahlambi bail after he had approached it to appeal his bail denial by Magistrate Deon van Rooyen.

Judge Reinders, at the time of dismissing Mahlambi’s appeal, said she was not convinced that Magistrate van Rooyen erred or misdirected himself when he made the order to refuse Mahlambi bail in October.

She said Mahlambi, who stands accused of murder and robbery, failed to prove beyond a reasonable doubt that the state does not have a prima facie case against him.

OFM News