State refuses to step down in Minerva Gardens murder trial

THE NORTHERN Cape High Court has dismissed an application brought by the accused in the Minerva Gardens murder trial to postpone or delay the proceedings.

The accused, Advocate Celeste Nameka, her father Clive Ferris and Obrey Mabija, appeared in the high court in Kimberley on February 10.

Nameka and Ferris are facing charges including murder, attempted murder, and assault with intent to do grievous bodily harm (GBH). Ferris is also facing additional charges of the illegal possession of a firearm without a licence and the unlawful possession of ammunition.

Mabija was charged with assault GBH.

The incident took place at the Minerva Gardens housing complex in Kimberley on December 21, 2024, where Charmaine Anthony was shot and killed. Her son, Lucan Anthony, was injured in the leg and buttocks following an apparent lovers’ quarrel between Nameka and Lucan.

During the incident, Nameka allegedly instructed her father, “Shoot them all, Daddy, shoot them all,” after a number of people arrived on the scene.

Defence argues State is biased

The legal representative for Nameka and Ferris, Advocate Joy Mongala, told the court that he had yet to receive a response after sending correspondence to State Advocate Jacques Rosenberg on February 9.

He highlighted that Nameka was a complainant in a case involving assault GBH and domestic violence against one of the witnesses in the same criminal matter in which she is an accused.

“Nameka was taken to the Thuthuzela Care Centre for an assessment following the incident on December 16, 2024. Photographs of her injuries are included in the docket. There have been unreasonable delays in the complaint by the prosecution and the SAPS. The charges are urgent and cannot be ignored.”

Mongala argued that his client would be subjected to unfair treatment in the criminal trial, alleging that the prosecutor was “biased”.

“We cannot proceed with a pre-trial before these issues are sorted out. We do not know how long the chief prosecutor will take to respond, so that we know how to proceed with the matter. If Rosenberg remains as the prosecutor, we will bring a formal application for his recusal. I only received a verbal answer in court, where Rosenberg stated that ‘I am going nowhere’.”

Mongala suggested that the case be postponed for between six and seven months.

“The matter can always be re-enrolled if it is removed from the roll.”

State believes defence is using delaying tactics

Advocate Rosenberg argued that the defence was utilising delaying tactics.

He pointed out that the complaint had yet to be assigned, as the investigation was still pending.

“The Directorate of Public Prosecutions still has to make a decision on the case. I am not the prosecutor in that case and I am willing to decline being involved in that matter. The case can be referred to one of the other prosecutors.”

Rosenberg added that he received the letter a day before the pre-trial was scheduled to commence and believed that the matter was unrelated to the criminal case and the pre-trial proceedings.

“I consulted with the acting Director of Public Prosecutions. There is no basis for my recusal, as there is no bias.”

He stated that any attempt to remove or postpone the case for a lengthy period amounted to an injustice.

“The charges are of a serious nature and the rights of the bereaved family and the interests of the community must be taken into account.”

Mabija’s legal representative, Babalwa April, recommended that the pre-trial conference should continue, as she was ready to proceed.

Acting Judge Thandisa Tyuthuza postponed the matter until March 10-13 for a pre-trial conference and extended the bail of the accused.