Whether the trial of the teenager accused of Deveney Nel’s murder will be heard in the regional court or Western Cape High Court will be announced tomorrow (Thursday 24 April).
In March, the National Prosecuting Authority (NPA) confirmed that the 17-year old accused has been found fit to stand trial after undergoing 30 days’ mental evaluation at Valkenberg Psychiatric Hospital (“Progress on Deveney murder case”, DistrictMail & Helderberg Gazette, 2 April). This after his legal representative had brought an application before the court requesting the evaluation.
The minor was transferred from the place of safety for youth in conflict with the law to Valkenberg at the end of January for the evaluation.
At his last appearance in the Caledon Magistrates’ Court on Thursday 27 March, activists and community members called for the accused to be moved from the place of safety to a normal detention centre on turning 18 in April.
The accused was arrested on 16 August 2024, hours after attending a memorial service for the 16-year-old Deveney, which was restricted to staff and learners of the school and learners’ parents.
After the accused last court appearance, Eric Ntabazalila, provincial spokesperson for the NPA, confirmed he will be transferred to a normal correctional facility on turning 18. Whether this has happened could not be confirmed at the time of going to press.
Ntabazalila said it was possible the date for the start of the trial would be announced this Thursday.
He confirmed the accused would be tried as a minor even though he has turned 18, “because he was a minor when the offence was allegedly committed and when he was arrested”.
This, Ntabazalila explained, is governed by the Child Justice Act. This means the accused’s identity will not be revealed, even though he is no longer a minor.
It is still unclear whether the case will continue to be heard in camera.
Heindrich Wyngaard, executive chairperson of the Cape Forum (Kaapse Forum), said knowing the court in which the matter is heard is not important.
“It is important that the trial commences after it has dragged on for months. The Cape Forum wants to see justice served and the person responsible brought to book,” he related.
Tania Bippert, activist with 1 Billion Rising, called on the community to come out in numbers again on Thursday to show their support for Deveney’s loved ones and demand justice for her.
