The case against alleged United Kingdom fugitive Ndodana Tshuma has been postponed in the Johannesburg Magistrates’ Court to October 21 for the finalisation of a plea and sentencing agreement between him and the State.
Tshuma made a brief appearance in court on Wednesday, with the State expected to address discrepancies identified in the agreement.
The 46 year old is facing a separate extradition application brought after authorities in the UK requested his return to face three murder charges over the deaths of his wife, Nothabo Zandile Tshuma, and their two daughters, Natalie and Nala Tshuma.
The National Prosecuting Authority (NPA) previously confirmed that it had entered into a plea and sentencing agreement with Tshuma in terms of Section 105A of the Criminal Procedure Act.
According to the NPA, Tshuma pleaded guilty to four charges in South Africa relating to firearms, ammunition and immigration offences.
These include unlawful possession of a prohibited firearm with an obliterated serial number, unlawful possession of an unlicensed firearm, unlawful possession of ammunition and contravening the Immigration Act.
However, the plea proceedings were not finalised after the court identified discrepancies between Tshuma’s plea, the State’s documentation and provisions of the Criminal Procedure Act.
The matter was previously postponed to allow the State to obtain the necessary authorisation and address concerns surrounding the agreement.
Tshuma remains in custody.
The NPA has said the extradition matter and the South African criminal case are separate proceedings.
The extradition request was received from UK authorities together with a warrant for Tshuma’s arrest. According to the NPA, the request relates to three murder charges arising from the alleged deaths of his wife and two children in Bedford, Bedfordshire, in July.
Tshuma was arrested in Kensington, Johannesburg, on July 10 after the South African Police Service, through Interpol’s National Central Bureau in Pretoria, received a request from UK authorities to trace and apprehend him.
The NPA said Tshuma had entered South Africa legally through OR Tambo International Airport on July 5. His immigration status subsequently changed after he became the subject of the UK arrest warrant.
The prosecution authority said he was regarded as a prohibited and undesirable person under South Africa’s Immigration Act and was therefore considered to be in the country illegally.
The NPA has also confirmed that it received the required documentation from UK authorities in support of the extradition proceedings.
A ballistic report relating to the firearm and ammunition charges was also finalised and the State said it had furnished the defence with the relevant documentation.
The extradition proceedings are being dealt with separately from the plea and sentencing matter in the Johannesburg Magistrates’ Court.
The NPA has previously said it would continue prosecuting the matters in accordance with the law and ensure that the proceedings are dealt with without unnecessary delays.
The October 21 postponement relates to the finalisation of the South African plea agreement. The extradition proceedings will determine whether Tshuma can be surrendered to UK authorities to face the murder allegations there.
