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Court gavel.
The Thohoyandou High Court in Limpopo has postponed the sentencing of social media influencer and comedian Livhuwani Madadzhe to Friday. This after he submitted contradictory court applications.
Madadzhe, who has pleaded guilty to two counts of fraud, has approached the Constitutional Court to challenge Judge Thogomelani Tshidada’s decision to revoke his bail, while also asking the high court to help him obtain a pre-sentencing report.
Madadzhe faked his mother’s death and claimed insurance money while she was still alive.
When addressing the court, the comedian said there are four applications that he intends to make before Judge Tshidada.
The judge subsequently said that before making the applications, Madadzhe should first clarify as to whether he will be representing himself or not after his lawyers withdrew from his case.
Madadzhe was allowed to submit a document in which he said it is stipulated that he is allowed to apply for re-submission of some facts which might allow Judge Tshidada to review his decision to revoke his bail.
Judge Tshidada revoked Madadzhe’s bail few weeks ago after he pleaded guilty to fraud.
Upon reading the document, Judge Tshidada learnt that Madadzhe has already approached the Constitutional Court, requesting that the judge recuse himself from the case.
Judge Tshidada then postponed the case to Friday to give Madadzhe time to decide on the course of action he intends to take.
“Unfortunately, in law it is not permissible because it amounts to duplication of processes, you then have to decide whether to pursue what clearly appears to be an appeal of some orders I granted in this matter against you at the Constitutional Court because you cannot run parallel processes on the same issue. In simple terms, it would appear as if you are fishing on both sides that whichever comes first, you will go with it – and we cannot as the judiciary nor allow any litigant to do forum shopping.”
While still in the dock, Madadzhe also asked the judge to allow him to see his baby who was born on Christmas Day.
The request was however dismissed, with the judge saying that if he wants to see his child, he can do so at the correctional facility where he is being kept.
Partner’s murder case
Meanwhile, Madadzhe is also facing charges in another matter as he is accused in the murder of his partner, Lindelani Nengovhela, who was killed in 2023.
During a court proceeding in May last year in relation to his partner’s murder, Madadzhe was cautioned against using tactics to evade trial.
This was after Madazhe’s lawyer told the court that he would not be able to take the witness stand due to ill health.
However, Judge Tshidada said he had been made aware of Madadzhe’s attempts to solicit sick notes to avoid attending court.
Court warns Madadzhe against using tactics to evade trial:
https://www.youtube.com/watch?v=S-0WHmlrf_4
