Mogaila faces charges of culpable homicide, reckless and negligent driving, and fleeing the scene following a October 2024 crash in Tembisa that claimed the life of nine-year-old Gomolemo Mavimbela and left her mother, Keo Mavimbela, with serious, life-changing injuries.

Speaking after the brief appearance, Barry Bateman, spokesperson for AfriForum’s Private Prosecution Unit which is representing the Mavimbela family and another victim said the organisation was pleased the state had granted the defence additional time.

“We’re pleased that the state has allowed the defence a little bit more time to complete their key proposal,” Bateman said. “Of course, we want it to be confident. We want them to put a full picture to the state to facilitate this process so that there can be justice for the family.”

Bateman emphasised that AfriForum’s role is to ensure the victims’ families’ views are properly considered by the National Prosecuting Authority (NPA) before any plea deal is accepted.

Once Mogaila’s defence submits the plea and sentence proposal, AfriForum will make formal representations to the NPA outlining the families’ position on whether the suggested sentence is just and appropriate.

He added that the court must view the dashcam footage of the accident. “We’ve had other cases where an accused person has entered a plea and sentence deal and they walk away with a slap on the wrist,” Bateman said.

“We believe that if a court has sight of the dashcam footage of this accident, they will have a full appreciation of the seriousness of what took place and they would then be in a better position to … impose a just and appropriate sentence on the accused.”

The matter has been postponed to May for the defence to submit its proposal. The families continue to push for full accountability in the case.

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Speaking outside the Tembisa Magistrate’s Court today, Monday, Bateman said the family is struggling to confront the man allegedly responsible for the collision. “Every time that they have to come to court here for another postponement, it’s another deep breath that they have to take,” he said.

Bateman emphasized that the harm extends beyond grief. Gomolemo’s mother, Keo Mavimbela, walks with a limp and will suffer lifelong physical injuries, he said. A boy named Thando, who was also in the vehicle, broke both his legs and continues to struggle with his recovery.

“It is so important that a just and appropriate sentence is imposed on the person who’s responsible for causing lifelong harm to these families,” Bateman said.

Mogaila faces charges of culpable homicide, reckless driving, and fleeing the scene of the October 2024 crash. His legal team is expected to finalize a plea and sentencing proposal in May.

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