A second man accused of killing an ANC member Siduduzo Innocent Magwaza, Mxolisi Percy Hadebe, 36, from Cator Manor was forced to change legal counsel on Monday at the Durban High Court after his attorney Zanele Cele did not show up at court.

Hadebe is on trial with his co-accused Siphamandla Makhanya, 35, from KwaQwabe Area, eThafeni Inkosi Joe Gumede for the murder of Magwaza.

Magwaza, gunned down on January 12, 2021 in his home at Cornubia, was a loyalist of former eThekwini mayor Zandile Gumede.

The pair face charges of murder, conspiracy to commit murder, unlawful possession of a semi-automatic firearm, and unlawful possession of ammunition.

When the Sunday Tribune arrived at the High Court two senior State prosecutors were pacing up and down trying to get in contact with Cele who was not answering her cell phone.

The court staff seemed to have been frustrated as well and constantly asked advocate Elvis Gcweka if he is getting hold of Cele.

This led to the court proceedings not starting on time. The high court starts at 10am.

When one of the senior prosecutors, advocate Krishen Shah, finally got hold of Cele, she said she was unwell and could not be at court.

Siduduzo Innocent Magwaza was killed in January 2021. Picture: Facebook

When the matter started about two hours late, Judge Sharmaine Balton said, “Unfortunately, Ms Cele has not been in court. She said she was sick and asked for this matter to be postponed to the next session.”

Judge Balton, who looked defeated, said she could not afford to let the matter be adjourned to the next session, as this meant the trial could only commence next year in July or in 2026 because dates for other matters have been set.

“I don’t think she has much High court experience. She assumes that the court can just postpone the matter,” said Judge Balton.

She asked Hadebe what he intended to do. Hadebe said he’d like to request the services of his previous counsel Manoj Hardeoj.

“He is familiar with the matter. Cele has been paid, however, I intend on cancelling her services,” said Hadebe.

Moreover, the Sunday Tribune learnt that this matter has been delayed due to Cele being late in court.

Advocate Shah also had his matter postponed. On Thursday Hardeo is expected to meet his client if he is paid.

Sunday Tribune