A senior Department of Justice and Constitutional Development (DoJ and CD) official have assured the Paarl Regional Court that an Arabic interpreter will be secured for all future appearances in the murder trial of Ahmed Darwish (in his 40s) after repeated delays caused by the interpreter’s absence.

The assurance was given yesterday (28 May) during testimony by Noluvuyo Bekwa, Director of Court Operations in the Western Cape for the DoJ and CD, who oversees administrative management, facilities and daily court operations across the province.

Darwish was arrested in Wellington on 11 February 2021 and charged with the murder of his wife, Heilay Darwish (35).The State alleges that Heilay was killed in the couple’s home in Lillian Street in Wellington, after her throat was slit with a blunt object.

At the time of her death, Heilay was on maternity leave after giving birth to the couple’s son in November 2020.

Bekwa was called to testify regarding the repeated delays caused by the absence of a court-appointed Arabic interpreter, an issue that has prevented the matter from proceeding to trial despite previous assurances of an interpreter and subsequent postponements.

During questioning by state prosecutor William Da Grass, Bekwa outlined the circumstances surrounding the interpreter’s continued non-attendance and the steps being taken by the DoJ and CD, to prevent further delays.

She told the court that the interpreter’s absence on Wednesday was due to religious commitments associated with Eid al-Adha.

Bekwa further explained that the interpreter had also failed to attend the previous court appearance on 17 April after being assigned to the Hopefield Magistrate’s Court.

According to her testimony, poor coordination resulted in the interpreter being unable to return to the Paarl Regional Court in time for the court appearance of Darwish.

Da Grass questioned Bekwa on what measures would be implemented to ensure the matter could proceed on the next scheduled court date.

Bekwa assured the court that her office would take responsibility for securing an interpreter not only for the commencement of the trial on 29 September, but for all future court dates related to the matter.

Questions were also raised about the availability of Arabic interpreters in the Western Cape. Bekwa acknowledged that suitably qualified interpreters are limited and that there may not always be one readily available in the province or the Cape region.

However, she said the department maintains a national database of interpreters and would broaden its search beyond the Western Cape if necessary to ensure that an interpreter is secured.

Da Grass further sought clarity on whether financial constraints could hamper the department’s ability to source an interpreter from elsewhere in the country. Bekwa testified that budgetary limitations would not be a factor.

Robyn Diedericks of Legal Aid South Africa, representing Darwish, also questioned Bekwa and sought similar assurances that interpreter services would be available throughout the duration of the trial.

Bekwa reiterated that her office would ensure an interpreter is present for all future court appearances.

Regional Magistrate Fezile Tonisi subsequently postponed the matter and set the trial down to commence on 29 September.

The court is expected to hear testimony from several members of the late Heilay Darwish’s family, as well as the investigating officer. The state is expected to call seven witnesses.

Tonisi has previously warned that continued delays caused by an interpreter failing to appear could result in the matter being struck from the court roll, a development that could potentially see Darwish released from custody.

Paarl Post previously reported that Darwish speaks a specific Arabic dialect that has proven difficult to source a suitable interpreter for.

However, during a court hearing in November last year, Da Grass told the court that Heilay’s family had indicated they had communicated with Darwish in English on numerous occasions and that he was also able to speak basic Afrikaans.

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Diedericks told the court during the same appearance that while it was true the accused could speak English he nonetheless required a translator to interpret complex terms and phrases into Arabic, which is his mother tongue as he is originally from Egypt.

According to the prosecutor, the investigating officer had likewise informed the state that the accused appeared able to understand English.