The judge says there is nothing new in Dr Makgabo Manamela’s affidavit, and that another postponement of the Life Esidimeni Inquest would not be ‘in the interest of justice’.
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Manamela’s legal counsel said they were also submitting their application for postponement in accordance with Section 34 of the Constitution, which states: “ Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.Judge Mmonoa Teffo said she was “not going to give a long ruling”, adding that when the matter was adjourned on 17 August, the court granted the postponement and ruled that the matter continues on Monday.
“I want to align myself with submissions with regards to Section 34 of the Constitution,” the judge said. “Parties are confusing an inquest and criminal proceedings. We have always said it is not a criminal trial, it is an inquest.”Teffo said that looking at the affidavit submitted by Manamela, she didn’t see anything new that had come up which would justify a postponement.
“This inquest has been sitting for almost a year now. I am of the view that counsel has been given sufficient and ample opportunity in order to be ready to proceed this matter. Furthermore it is in the interest of everyone that this inquest be brought to finality. Further postponements create further problems.
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