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Zimbabwean argues with judge over removal of shackles

Publish date: 16 October 2017
Issue Number: 747
Diary: IBA Legalbrief Africa
Category: General

A Zimbabwean accused of murdering his ex-girlfriend’s boyfriend in a fit of rage, argued with an Eastern Cape High Court (Port Elizabeth) judge for more than half an hour, demanding that he be unchained. According to a report on the IoL site, Trust Tofa's feet were shackled, chains were draped around his waist and he was handcuffed. He demanded that Judge Mandela Makaula order he be unchained so that he could ‘speak from the heart’. Robustly addressing Makaula, Tofa also demanded that he be extradited to Zimbabwe where he felt he would be better treated. He made the request to be unchained several times, but Makaula continued to explain that an application would have to be brought before court and Tofa would need to appoint a lawyer. Makaula asked Tofa several times if he was willing to co-operate and finally instructed him to stand up while addressing the court. However, Tofa refused, saying: ‘I can't stand up if I am chained.’ Tofa, who spoke in Shona, continued to remain seated while addressing Makaula. Tofa's attorney officially withdrew from the case after taking instruction. Tofa is facing charges of murder, housebreaking, assault with intent to cause grievous bodily harm, kidnapping and rape. The case was postponed until 20 November for Tofa to make a decision on legal representation.

Full IoL report

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