Ndodana Tshuma, the Zimbabwean-born man sought in the United Kingdom over the alleged murders of his wife and two daughters, says he cannot remember pleading guilty to charges in South Africa or signing a plea and sentence agreement.
Tshuma, 46, appeared in the Johannesburg Magistrate’s Court on Thursday. His lawyer asked for a specialist medical assessment after Tshuma said he did not recall admitting to the local charges or signing the agreement.
The State opposed the request, arguing that there was no evidence to show he lacked the mental capacity to understand court proceedings. The prosecutor said the legal requirements for an assessment under section 77(1) of the Criminal Procedure Act had not been met.
The State has asked for the matter to continue towards finalising the plea and sentence agreement. The case is due back in court on 10 November.
Tshuma has pleaded guilty to unlawfully possessing a firearm and ammunition, and to contravening the Immigration Act by entering South Africa while allegedly being sought by British authorities. The plea and sentence agreement relates to those charges in South Africa.
Section 77(1) provides for an inquiry into whether an accused person is, because of mental illness or intellectual disability, capable of understanding court proceedings sufficiently to make a proper defence. The request for an assessment is therefore distinct from a claim that an accused does not remember a particular plea or document.
The State’s objection, as reported in court, was that it had not seen evidence establishing the basis for an assessment under that section. The court has not yet ruled on the defence request, and the case is scheduled to continue next month.
Tshuma is accused in the UK of murdering his wife, Nothabo Zandile Tshuma, and their two daughters, Natalie and Nala. The killings took place in Bedford, Bedfordshire, in July. Those are allegations, and he has not been convicted of the murders.
He was arrested on 10 July in Kensington, east of Johannesburg, after entering South Africa. The firearm and ammunition charges, along with the immigration charge, are being dealt with in the South African court while the UK murder allegations remain part of a separate process.
The plea agreement was expected to help resolve the South African charges and enable proceedings relating to the UK case to move forward. Tshuma’s claim that he does not remember entering the plea or signing the agreement has now raised a question about how the local case will proceed.
The court will need to consider the defence’s request and the State’s opposition before determining the next step. Until then, the plea and sentence agreement has not been finalised.