Durban — After consulting with his Legal Aid attorney on Wednesday, a former police constable charged with the murder of his mother decided he wanted to proceed to trial.
The last time Lungisani Xaba was in the Pinetown Magistrate’s Court, his defence told the court their instructions were that Xaba, 49, wanted to be sent to Fort Napier Psychiatric Hospital in Pietermaritzburg for an evaluation.
However, the State said Xaba had to be seen by a district surgeon first and his case was adjourned to July 24.
On Wednesday, Xaba’s matter was on the court roll for a preliminary psychological evaluation by the district surgeon.
The preliminary report stated that “due to his loss of memory” Xaba is unfit to stand trial and therefore needs a comprehensive psychiatric evaluation.
Xaba is unable to give an account of himself; he was treated by a psychiatrist in 2013 where he underwent shock therapy and therefore has a poor memory now, it said.
“The patient is very coherent, logical, and well-orientated.”
The State said for the accused to be booked a bed at Fort Napier there were processes and administrative issues that need to be attended to.
However, after consulting with his attorney, Xaba’s instructions were for the matter to be set down for trial.
In setting a date for the pretrial conference to be heard, Magistrate B Asmal said: “The accused made his first appearance here in the regional court coming from the district court in November 2022; the delays have solely been from the defence.”
Xaba has changed lawyers several times, delaying the matter. He was arrested on May 7, 2022, in KwaDabeka for assault with intent to cause grievous bodily harm.
However, the charge was changed to murder on May 8 after his mother died. He has been behind bars since his arrest in May 2022 and has been refused bail twice.
Speaking after Xaba’s court appearance, his younger sister Andile Xaba said she hoped that on the day the pretrial is meant to be heard it goes ahead.
“I hope he does not come to court with another delaying tactic. He has been in jail for two years and the trial is yet to start because of delays caused by him. When the case was transferred from the district court to the regional court in 2022 the magistrate said it was ready, and all the evidence was there. He needs to face the consequences.”
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