- A landmark taxi violence case concluded with key acquittals and lessons on resilience.
- The brutal realities of criminal law demand emotional strength and teamwork.
- True victory in court is about upholding justice, not keeping score.
I think this is among the big cases that were heard at the Pretoria Criminal Court. I was representing Lungelo Nkosi, the first accused in the matter, with the following allegations levelled against him: three counts of murder, attempted murder, six counts of possession of a firearm, possession of ammunition, and perjury.
The matter involves taxi violence in its general nature. The fight was based in Atteridgeville township, west of Pretoria. The industry in question is known for cruelty and violence, with merciless murders and countless killings.
I must admit that the pictures from the docket of this case were some of the scariest ones: the brutal murders of men shot and killed multiple times. The daily trial was taking a toll on me because each day, one must interact with such images as if one is playing with death.
The trial process and teamwork
We tried the matter from 20 March 2026 until 16 September 2026. The matter was never delayed despite having many crises to manage in it. A trial, in its nature, requires more than an LLB degree to reach finality. All parties must be disciplined and dedicated to the work and to finishing. In every trial, all parties must enjoy working together to achieve finality.
The matter has ended; I must state that the court ruled in our favour. The first accused, who was represented by me as briefed by Nkomo Phuti Attorneys, was released after being in custody for three years, with bail denied at Atteridgeville Magistrate’s Court.
The court did not find Nkosi guilty of any of the major charges, except perjury, on which we reasoned with the court on our mitigation, arguing that he must be released because he had been arrested for three years, which amounted to serving his sentence when considering pre-sentence incarceration. The court understood our arguments and granted our request as per our arguments.
Life inside the courtroom
An issue with murder trials is talking while facing judges, knowing that the judge sees the faces of family members who lost a father, husband, grandfather, provider, and primary caregiver. Each time you speak in a criminal court, it’s heavy because the accused is behind you, as are the families of both parties.
I find it funny that in court, all individuals can sit in court without even interacting, despite the size of the court. A court is a world of its own. Do I love that world? I think so. I just find it cold, even strange at times.
Reflections, gratitude, and the meaning of justice
I know people are obsessed with wins or losses; we did not win, we did not receive a medal or trophy, not even a goat. The court made a ruling in our favour. The young man, at the age of 26, who was arrested at 23, was released. He was only handed a suspended sentence for perjury. Remember, in cases involving multiple charges, we fight to win the main charges and leave the rest to the court.
I must extend my appreciation to colleagues, State Advocate Sihlangu, First Accused Counsel Advocate Francos Van Ass (I commend him for his legal prowess), and the court officials for being collegial. Running a trial to an end requires a great team from start to finish. We can end as friends or enemies; I am glad we ended as friends. That is the nature of a trial.
We also walked out of court smiling because, on other days, we walked out frowning. You will not always come out with what you want in court. A court is not an ice cream shop. We have both the takings and goings, and I fear to say, “we win some and lose some.”
I personally never win in court because I have never seen a score. Court is not a beauty pageant. There is no score sheet to gauge a win or loss. But there is a judgment to read, a court ruling, so the court ruled in our favour.
In conclusion, I must say I found my competition in this life. That competition is the man I see when I look in the mirror. I must beat that man in the mirror, not any other person. I am my own greatest competition to defeat next. I measure myself against myself. I am here to win over myself and beat myself. So far, so good; I am doing better than yesterday.
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The opinions expressed in this article are solely those of the author and do not necessarily reflect the views of Conviction.co.za
