The case against the man accused of killing Tshegofatso Pule has been postponed in the South Gauteng High Court.
Muzikayise Malephane appeared briefly before Judge Ratha Mokgoatlheng on Tuesday facing murder charges. The matter, which was set for pre-trial was postponed to November 19 to allow the defence to make representations to the director of public prosecutions (DPP).
At this stage it is not known what representation Malephane’s lawyers are planning to put before the DPP. Among the options that Malephane could pursue is a plea bargain or he could also make representation that the state has no case against him.
NPA spokesperson Phindi Mjonondwane said the state would have to wait for the representation.
“As the state we cannot pre-empt what representation will entail. We will await them to make those representations. That will be the only time we will have insight into what they entail,” said Mjonondwane.
Malephane faces charges of murder, defeating the ends of justice, unlawful possession of a firearm, and unlawful possession of ammunition.
Pule, from Meadowlands, Soweto, was found hanging from a tree in a veld at Durban Deep on June 5. The gruesome killing shocked the country, raising complaints about the high levels of gender based violence.
Pule’s uncle, Tumisang Katake, said the family was not moved by Malephane’s decision to make representation to the DPP.
“It is a process. Eventually, the day shall come. As for now we will just have to wait what his representation will be. I am not sure on which angle is he going to come from but as to whether they will be successful or not, it is the DPP’s decision. But from where I am, as a family, I don’t think we have anything to fear with regards to this case.
“We believe he has a case to answer. The investigating team has done a tremendous job and there is nothing that he can hang onto to say there was nothing that linked him to this case,” Katake said outside court.
In June, Sowetan reported that Malephane allegedly revealed to police details of how he planned and executed Pule’s murder with the help of a person known to her.
In the statement that Sowetan had seen, Malephane had allegedly previously tried to kill her in May this year but his plan was unsuccessful.
In the failed attempt on Pule's life in May, Malephane and the other party set up a false interview in Mondeor, Johannesburg, where Pule was supposed to be kidnapped and killed but she did not turn up.
The two then hatched another plan. “On the day of her murder [June 4], both suspects arranged an Uber ride for the victim to be picked up and [taken] to a flat in Florida,” the statement reads.
Malephane allegedly confessed to the police and also pointed out the crime scene.
He was arrested while returning from Mpumalanga, more than a week after Pule's killing, which sparked renewed protests against gender-based violence.
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