DEFENSE LAWYERS IN GEN KAYUMBA'S CASE HITS A BRICK-WALL.

Johannesburg – Yesterday the 29^th March 2012 the court resumed the case of Gen Kayumba Nyamwasa, where Captain Bongani continued his cross examination with defense lawyers, who were agitated throughout the proceedings and hit a brick -wall.

During the examination, he affirmed to the defense lawyers that; “ I did not know the victim, Gen  Kayumba Nyamwasa, prior to taking confession from the accused number one”. Asked about if he heard a certain Mr Frank, he said that he does not know him and he hasn’t met him.

The defense team deliberately ignored then fact that English is a third if not fifth language in Black communities , undermined the intellectual capacity of the captain as well as of the accused number one by asking him whether the accused number one (Amani Uwimana) was able to mention a word “ Murder” or that Bonagni confused the word “Murder with Shooting” during the taking of confession. The captain insisted that the accused verbally said the word “Murder” thereafter, the confession was ready back to the accused who later confirmed what was ready to him as a true reflection of what he has just said to the captain.

The defense team had no further questions to the captain. The magistrate together with the prosecutor released the captain and called in Col Kwena George Mohlame the lead investigator who, during the investigation, requested his colleague (Lt Col Modile Dorothy Mohlelale, known as MDM) to assist in the pointing as well as taking down the confessions.

Lt Col  Dorothy Mohlelale from the Organized Crime Unity in Vaal  took down the confessions and the pointing. As is a common norm during the taking of confession, Dorothy told the court that; "prior to taking the confessions from the accused, I unhand-cuffed him in order for him to feel free, and it was done in an office on the third floor from the Joburg Organized Crime offices".

The Rights and justice of peace were explained and the confession was taken. During the taking of the confession accused number one “in his sober sense” said Dorothy, the accused “ I didn’t do anything. I only wanted the money and get out”. The accused also added that “I am going to point out the person who wanted to kill the person (Gen Kayumba Nyamwasa) in Mayfair”.

Justice of peace then asked the accused (Amani Uwiman) if he had sustained any injuries or assaulted in any way. He confirmed that there was no injuries obtained while in custody. The pictures were then taken by a male officer, thereafter they proceeded for the pointing.

“The pointing in Mayfair were done by the accused freely and voluntarily” said Lt Col Dorothy. After the pointing, the accused number one (Amani Uwimana) and the Left Col returned to the office were he was again taken pictures before going back to the High Risk Detention facility in Joburg.  

The case continues today the 30^th March 20112, where the state will bring in a new witness. It’s evident that the defense team has lost its grip on the case. Their attempt to claimed that English is not their 1^st or 3^rd language for the accused, is irrelevant while all the confessions from different investigators, justice of peace were done in English by the accused themselves.  

J D Mwiseneza
Jeppe Magistrate Court

Johannesburg.