The trial of former Transkei Security Branch officer Gcinisiko Lamont Dandala for the 1985 murder of student activist Bathandwa Ndondo was postponed on Wednesday after presiding Judge Buyiswa Majiki recused herself from the proceedings at the Cacadu Circuit Court. The recusal followed an application by the defence, which argued that the judge had a conflict of interest due to her historical ties to the student movement during the same era.
Grounds For Judicial Recusal
The defence team contended that Judge Majiki, who was a student at the University of Transkei (Unitra) during the 1980s, had actively participated in protests calling for justice for Ndondo’s killing. According to National Prosecuting Authority spokesperson Luxolo Tyali, the defence highlighted that both the judge and the victim were student activists at the same institution when the incident occurred.
The defence argued that Judge Majiki had been a student activist at the University of Transkei (Unitra) and had participated in protests calling for the arrest of those responsible for Ndondo’s murder. Ndondo was also a student activist at the institution at the time.
Background And Legal Implications
Bathandwa Ndondo was abducted from his home in Cala on 24 September 1985 and subsequently murdered by a unit consisting of Transkei Security Branch members and Vlakplaas askaris. The accused, Gcinisiko Dandala, previously sought amnesty through the Truth and Reconciliation Commission for his role in the killing, but his application was formally refused.
The trial is part of an ongoing effort to secure accountability for unresolved political murders committed during the apartheid era. While the proceedings at the Cacadu Circuit Court were moved to a local venue to improve accessibility for the affected community, the latest delay forces a reboot of the legal process. The court is now expected to undergo administrative procedures to appoint a new presiding officer for the trial.