Supporters of soccer player Mokete Shaun Mogaila were permitted in the courtroom to see him on Thursday, but the family of the nine-year-old girl who allegedly died at his hands was ejected.
This is according to AfriForum’s private prosecutions unit, which is assisting the family.
The Sekhukhune United player, who was last year granted bail of R20,000 bail, is standing trial in the Tembisa magistrate’s court on charges of culpable homicide and reckless or negligent driving.
According to the state, Mogaila’s vehicle veered into the oncoming lane on Andrew Mapheto Road, in Thembisa, on October 30 2024, colliding with a car carrying a woman and two children.
The crash led to the death of Gomolemo Mavimbela while her mother Keo and 13-year-old friend Thando Khethiwa sustained serious injuries.
Gomolemo’s father and aunt, Tshepo Kekana and Florah Mathipa, were shown “callous disrespect” by a policeman, the unit said.
They said their delegation “witnessed how the police instructed the pair to leave, while allowing the accused’s supporters to attend the proceedings”.
“It is unconscionable that a person accused of killing a child is allowed to have supporters in court, while the parents and relatives of the child are denied the ability to witness the administration of justice.
This is one of the cruellest examples of the state failing victims of crime,” said Barry Bateman, spokesperson for the unit.
“The criminal justice system seemingly bends over backwards to accommodate the needs of an accused at the expense of victims of crime.”
Kekana said this was not the first time he and his family have been treated like this at the Tembisa court. “It’s not good because I’m a victim of crime and I am not allowed in court. They’ve postponed the matter again, but if there wasn’t someone inside how was I supposed to know that? I just wish that the law can take its course and then we get closure on this matter.”
Bateman said the sergeant who ejected Gomolemo’s family justified his actions, claiming he was in charge and that this was how he managed access to the courtroom.
The Tembisa magistrate’s courts appear to be closed to the public, with only accused people, their supporters and legal representatives allowed into courtrooms when their cases are called
— Barry Bateman, spokesperson for the unit.
“The Tembisa magistrate’s courts appear to be closed to the public, with only accused people, their supporters and legal representatives allowed into courtrooms when their cases are called. The police’s conduct means that all cases that are supposed to heard in open court are being heard in camera,” said Bateman.
The case has been transferred to the regional court, and Mogaila will appear again on November 17.
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