The murder trial of police officers Mayendran Chetty and Thanduxolo Phelago has been postponed following a dispute over unpaid legal fees, according to court documents filed earlier this week. The trial, which is expected to be one of the most high-profile criminal cases in South Africa this year, involves charges of four counts of murder and several other serious offenses.

The Legal Fees Dispute

The trial was scheduled to proceed with the defense presenting its case after the prosecution concluded its witness testimony in 2025. However, the defense team led by Advocate GJ Leppan informed the court that he intended to withdraw his services for Phelago, the second accused, due to unpaid legal fees.

According to Leppan, his instructing attorney, Mthokozisi Khuzwayo, had not received payment from Phelago’s family. Khuzwayo confirmed that an agreement was in place that would prevent Phelago from appointing a new private lawyer until the outstanding amount was settled. If the case proceeded without resolution, Khuzwayo would be required to represent Phelago regardless.

Khuzwayo requested a postponement of the trial, granting Phelago’s family a week to resolve the funding issue. The court granted the request, despite objections from the state prosecutor, Nhlanhla Shange, who argued the delay would be unfair to the victims’ families.

Impact on the Victims’ Families

Shange, representing the state, emphasized that the victims’ families were incurring costs to attend court and were eager for the trial to reach a conclusion. The four men accused of being killed were Victor Mqapheli Cele, Nhlonipho Cyril Nzimande, Pilayelo Sydney Buthelezi, and Mnqobi Molefe, an ANC councillor in eThekwini Ward 99.

The court, however, ruled in favor of the postponement, stating that refusing the application would disadvantage Phelago, who would be unable to appoint new private counsel without first settling the fees with Khuzwayo. If the issue remained unresolved, the court noted that Phelago would either have to take legal aid or represent himself.

Magistrate M Mewalal stated, “If he comes back on the next appearance and the issue is not sorted, the court would have to proceed, and he will either take the services of Legal Aid, or he will have to represent himself.”

Charges and Legal Implications

The two officers face a total of 11 charges, including four counts of murder, two counts of housebreaking with intent to commit murder, robbery, conspiracy to commit murder, and unlawful possession of a firearm and ammunition. The prosecution alleges that the officers were in uniform when they committed the killings.

The case has drawn significant public attention, especially given the involvement of a local councillor, Mnqobi Molefe. The charges against the officers have raised concerns about police conduct and accountability in the region.

Legal experts have noted that this case could set a precedent for how courts handle similar legal fee disputes in ongoing trials. The outcome of this trial may also influence the broader public perception of the police force in Durban and the justice system in South Africa.

The trial has been postponed to the following week, and both accused officers remain in custody. The next court appearance is expected to focus on resolving the legal fee issue before proceeding with the defense’s case.