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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The October 2024 collision on Andrew Mapheto Road killed nine-year-old Gomolemo Mavimbela.

It also left another child, Thando Khethiwa, in critical condition.

Shauna Mogaila’s legal team has now signaled their intent to submit a plea and sentence proposal within the week.

The Fight for Evidence

AfriForum’s Private Prosecution Unit is representing the grieving mothers in this legal battle.

The unit is demanding that the court view damning dashcam footage before any sentence is finalized.

Spokesperson Barry Bateman warned against a “slap on the wrist” for the professional footballer.

He argues the video clearly shows Mogaila’s high-performance vehicle swerving at high speed before the impact.

“It is critical that the Court see that footage,” Bateman insisted. “Only by viewing the actions will a Court impose a just sentence.”

A Community in Mourning

The Mavimbela and Khethiwa families remain haunted by the “life-changing emotional and physical scars” of that day.

Shauna Mogaila, who initially fled the scene before surrendering, remains out on R20 000 bail.

The matter has been postponed to 30 March to allow the National Prosecuting Authority to review the submissions.

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