Bring back David's case now - judge

On November 25, 2010 Annandale had ordered that the matter would proceed in the next session, on February 2, 2011, but he later changed to have it heard yesterday, much to the surprise of Lucky Howe, Simelane’s lawyer.

Yesterday Howe demanded written reasons from Annandale, explaining why he had changed his mind when he had made a ruling to have the matter heard next session.

Simelane is supposed to give his defence in the case. Howe alleges that it is against the law for a judge to reverse his own ruling. Howe claims that Annandale only heard the Director of Public Prosecutions (DPP), Mumcy Dlamini’s, submissions on November 26, 2010 when he made a ruling that the matter should now be heard yesterday, instead of the initial date of February 2, 2010.

"We need written reasons so that we can be able to respond. I cannot proceed today because we were given until February 2, 2010, but then it was changed to two weeks. We need to consider whether to appeal the determination of today’s date," Howe said.

He further submitted that he was not delaying the case, but wanted Simelane to be given proper and adequate facilities to deal with the case.

Annandale said he had a right to change the date. He also said if Howe wanted to apply for a review of his decision to change the date, he should seek permission from the Supreme Court judge, Chief Justice Michael Ramodibedi. He adjourned proceedings for 30 minutes and returned with written reasons, which he handed over to Howe and further postponed the matter to 2:30pm yesterday.

When the case recommenced, Howe maintained that he would not be able to proceed with the case because he was only prepared to lead his defence next session. He said the two-week period he has now been allocated to prepare is not enough.

"I cannot leave my client exposed and do a review application. The reasons given by your lordship are not enough because they also do not have authorities," he said.

Justice Annandale said he would not give any more explanation than the reasons he had penned down for Howe.

"You have the reasons and no more shall come forth. Presently, you can beg leave from the Supreme Court Judge, so that you can appeal for a review. The delays are not going to make it easier," Annandale said.

He gave Howe an ultimatum to decide whether he would apply for a review of the ruling or not. He also gave him until 9:30am this morning to decide or the trial will proceed, saying Howe will have to persuade him that his ruling should be set aside.

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