Readers Comments Triple Murder Mkona ( Landrino, Petronella, Latoya, Thando, Charmaine Mkona)

"The Accused refused to appear in Court"

That's what the Wynberg magistrates court heard on 13.08.07, no less then 14 month after the incidient.
The State has to date not managed to prepare the High court Indictment. No further information could be obtained, as communication between the prosecutor and the magistrate is strictely in Afrikaans.

Events on Monday 9.3.07

After having failed to appear on 3 consecutive dates, the tension was high.....
Mr. Paulo himself appeared in the Wynberg magistrate court, well dressed in a white shirt, a plain white kufi hat, a shaved head, and a beard. Immediately the issue of the multiple IDs was raised, and Paulo blamed the problems on the authorities. Asked by magistrate Mohammed, if she may proceed without a lawyer or translator, Paulo replied: " You may proceed.."
Paulo complained to the magistrate, that his case was now being postponed for 8 month without any progress.
The Magistrate reminded the prosecution, that they have been given the final postponement already in November 2005. All that the state could produced were some apologetic mumblings.
Mohammed explained to Paulo, that she symphasized with his point, that however considering the severity of the charges, the prosecution needs to be given another chance. Mohammed gave another postponement to the 25.April.

Paulo fails to appear in court

For 3 times in a row David Lando Paulo who is currently serving a 3 years sentence in Pollsmore failed to appear in the Wynberg magistrate court.
The prosecutor in charge who on Thursday refused any conversation on the grounds that: " you are hardly the complainant "
at least today admitted that she is worried about the possible loss of the suspect, and asked about his particulars namely his South African ID of Wumile Edward Gwadzi
On Thursday Fouzia van der Fort from the Argus was also present, but left the courtroom early. Also present was the angolan interpreter Francisco da Costa, who is very cooperative. According to his information, Mr. Paulo comes from a village in the north of angola, which explains his use of Lingala. He also confirmed, that Paulo was fighting for UNITA.
Mr. Paulo/Gwadzi
failed to appear Tuesday 20.02.07
failed to appear Thursday 1.3.07
failed to appear Friday 2.3.07
The case is now postphoned to Monday 7.03.07
Lets see if they can find him.................
Events in court: 16.01.2007 - Mr. Paulo appeared under his real name, he was well dressed, shaved his head, and has grown a beard. He was however also wearing chains. - it did emerge, that his life has indeed been threatened, but not necessarily by the Xhosas, but by the Angolans, as he brought the Angolan Community into disrespect. His brother John has stopped supporting him. - From a member of the NY89 Street Community it emerged, that the children of the deceased are struggling to come to terms with the loss of their mothers and sisters. Psychological help was suggested. - a more spectacular discovery lies in the fact that there has been indeed a witness of the shooting, who's identity cannot be disclosed at this point in time. So at least we know that the prosecution does have a case. However, the search for the gun is allegedly still on. - Inspector Jonke from the Gugulethu was seen court, which came as a pleasant surprise. He has indicated, that he may take over the case, which would be a most welcome development.
Today we had a major breakthrough......
and one after the other....

Paulo assumed a new identity

Mr. Black Eyes, David Lando Paulo (Landrino) According to information received today 06.01.07 from Mr. Hermanus from Correctional Services in Pollsmore, Mr.Paulo has now changed his name into Wumile Edward Gwadzi. His prisoner number is now 206555331.
Mr. Black Eyes, David Lando Paulo (Landrino)
It is a interesting detail to note, that on his arrest in 2005, he was found in posession of multiple ID documents, something that the state refuses to charge him for.
  • 1) I had a very construtive conversation with Pollsmore prison. It was established, that Paulo was in fact Mr. Gwadzi. He left the Wyberg court in October 2006 as Mr. Paulo and entered Pollsmore ont he same say as Mr. Gwadzi. All his related documentation was also changed accordingly. but most importently, his nationality was changed from Angolan to South African ( Xhosa even) which improves his status considerable, and makes him elegible for early parole.
  • 2) The investigation officer Mr. Matentamo from Gugletu called to say that he does not know the whereabouts of the accused.
  • 3) Captain Adams from the ministers office also called, claiming that he cannot find Mr. Matentamo
  • 4) The german Consul, who I want to approach, is currently on holiday.
  • 4) However a call to the local ANC office , gave me a lead, a ray of hope, so to speak. Year ago, there was a pilot case, the so called " carmichele" case where a woman was raped by a man who was supposed to be in custoday at the time. the case beares very close resembalnce to our case. She did sue the Minister of Safety and Security for gross neglicence, and surprise, she did win the case. Apparently many other cases have follwoing in the footsteps. you can get more details on: www.constitutionalcourt.org.za use the search term "carmichele".
    it might be necessary to force the executive via a court order to prosecute Mr. Paulo. But that would need legal help.
  • You can download a summary of the judgement here
  • Your can download the full judgement here.
    So, THIS HAS BECOME YESTERDAYS WORK:

  • 1) Pollsmore prison: I arrived there around 10am. On the entrance I asked for the "admin" section, only to be told that there would not have an inmate by the name of "admin". This was not a good start. Eventually I managed to get thought to Ms. Josephs, a very resolute Lady, who made it very clear that she would fight for the legal rights of her inmates, and that Mr. Paulo certainly deserves that protection. Basically I was not able to establish if Mr. Paulo is still behind bars, under either name.......
  • 2) the second visit of the day was the Woodstock police station, to report the attack on our bedroom last Wednesday. this attack was a repetition on an incidence in 2003. At least we could convince the officer to open the docket....
  • 3) A visit to Gugulethu CID where we had the pleasure to meet Mr. Matentamo, the responsible IO in the triple murder case. He was well prepared for our visit. he made it very clear that he would not cooperate at all. But nevertheless certain things transpired: - We were to welcome, as he did not even want to sit down with us.
    - The feels obliged to the Mkona family not to talk to the ex-husband, as he is not a member of the family anymore.
    - He only interviewed members of the Mkona family: He has not even established the name of the girl that was killed.
    - Charges have been laid to the accused.
    - He is not aware of Mr. Paulo's new name : Wumile Edward Gwadzi
    - however it has been establish that on 21.12.06 IO Matemtamo has been in the Eastern Cape, even though his leave was not as yet granted by the HR department.
    The violation of protocol was personally sanctioned by his Superior Superintendent Mkwindana by his own admission.
  • 4) The minister of Safety and Security of the Western Cape Ramatlakane, send in investigation officer Captain Adams, to investigate the situation.. the following transpired:
    - Mr. Paulo does have a right to a double identity, if he fears that his live is in danger. This double identity is only known to the investigation officer, but that is the very same thing that Matentamo denied on the very same day.
    - The reason why previous cases were not followed up is not to be blamed to SAPS but to the DDP, who has refused to prosecute not only CAS 181-10-2005 Athlone but CAS 814-03-2006 Woodstock