Mthunzi Banga, who stands accused of the murder of local businessman Andrew Jevons and his domestic worker, Boniswa Mzizi, has been declared mentally fit to stand trial.
Mthunzi Banga, who stands accused of the murder of local businessman Andrew Jevons and his domestic worker, Boniswa Mzizi, has been declared mentally fit to stand trial.
Banga made a brief appearance in the Grahamstown Cape High Court on Friday where he is facing two charges of murder, two of attempted murder, housebreaking with intent to rob, robbery with aggravating circumstances and robbery. the 23-year-old kept his head bowed throughout most of the proceedings.
Banga broke into the house of the Jevonses on Cradock Heights in March this year and stabbed Jevons and Mzizi to death. Andrew’s wife, Sophie and Derick Hagemann, their friend, were also stabbed but survived.
The case was postponed in July after Banga’s lawyer, Advocate Jodine Coertzen requested the court to allow her client to be sent for psychological observation to ascertain if he was mentally fit to stand trial. According to sections 77, 78 and 79 of the Criminal Procedure Act, if it appears that an accused cannot understand the court proceedings because of mental illness, he must be referred to a hospital for mental observation to determine if he is fit to stand trial. Banga was then referred to the Fort England hospital for mental observation.
According to prosecutor Advocate Malherbe Marais the findings made in regard to Banga’s mental state confirm that he can understand the proceedings of the trial and is therefore fit to stand trial.
"At the time of committing the offence the accused was able to appreciate the wrongfulness of his act and acting in accordance with such an appreciation of the wrongfulness of his act," he said, quoting from the report.
It emerged from the diagnosis of the accused that he had been using drugs, although not necessarily at the time when he committed the offence.
Banga’s lawyer requested that the case be postponed in order to call witnesses for the defence and the doctor who observed Banga to give his testimony. The case was postponed to 23 September when the accused will go on trial. He will remain in custody.
