KARIEGA – Despite advice from the presiding magistrate Lungisile Mahlati to seek legal representation, one of Gqeberha’s most wanted suspects, facing 18 charges, confidently elected to represent himself.

On Thursday, 23 July at the Kariega Magistrate’s Court, two separate matters were dealt with involving Irvincia Basson before proceeding with a new case in which she appeared alongside co-accused Donovan Williams, also known as “Poenie.”

In the first matter, the State withdrew all eight charges against Basson after informing the court that it had been unable to trace the complainant and key witness.

The court heard that despite efforts to locate the complainant, they could not be found, making it impossible for the State to proceed with the prosecution. The matter was withdrawn rather than struck from the roll, and Basson’s Legal Aid attorney, Zithobile Mtengwana, raised no objection to the withdrawal.

Although the charges against Basson were withdrawn, she remained before the court in connection with a separate, newly enrolled matter alongside Williams.

Before proceedings commenced in the new case, the acting magistrate Lungisile Mahlati reminded both accused that they had a constitutional right to legal representation and could apply for Legal Aid should they be unable to afford private attorneys. While Basson was represented by Legal Aid, Williams informed the court that he wished to continue representing himself despite being fully aware of his right to legal assistance.

Magistrate Mahlati cautioned Williams about the seriousness of the charges he was facing and the risks associated with conducting his own defence without formal legal training. Williams nevertheless maintained that he was confident in his ability to represent himself, and the court accepted his decision after satisfying itself that he understood the implications.

Williams, who was facing 18 charges, told the court that although he had been informed of the charges against him, he had not yet received a copy of the charge sheet. The charges include four counts of conspiracy to commit murder, five counts of murder, three counts of robbery with aggravating circumstances, two counts of unlawful possession of a firearm, one count of unlawful possession of ammunition, one count of forgery and one count of fraud.

During proceedings, the defence indicated that it believed the eight charges previously withdrawn against Basson had been incorporated into the new indictment involving Williams. Those charges included conspiracy to commit robbery with aggravating circumstances, two counts of robbery with aggravating circumstances, two counts of trafficking in persons, two counts of involvement in trafficking in persons, one count of kidnapping and one count of malicious damage to property. As a result, the defence requested copies of the charge sheet to properly understand the allegations contained in the new matter.

The court ordered that both accused be provided with copies of the charge sheet, while copies of the docket would be made available at the next court appearance.

Both accused abandoned their bail applications and will remain in custody pending their next appearance.

Before the matter was postponed, Williams addressed the court to raise two points. Firstly, he said he had understood that the State was suggesting he had objected to bail, but the court clarified that the record reflected his bail application had been abandoned, not opposed.

Secondly, Williams sought clarity on how he would receive copies of the charge sheet, saying he had understood they would be sent electronically. The State clarified that hard copies would be provided. The magistrate again encouraged Williams to reconsider obtaining legal representation, given the complexity and seriousness of the case, which he again refused.

Throughout the proceedings, Williams remained composed and confident despite facing multiple serious charges, while Basson’s mother and other family members became visibly emotional and were seen crying in court. Basson’s alleged connection to the newly enrolled matter was not yet established in open court during Thursday’s proceedings.

Basson was visibly happy at her family’s presence as she was walking from the dock into the court cells.

The matter was postponed to 28 August, and both accused will remain in custody.

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