Mabaso's legal aid lawyer, Makau Sekgatja, told the court:"I spoke to [Mabaso's family] and they have confirmed that they have received his body and have since buried him. They have requested that I withdraw from the matter."
Prosecutor Tumi Maunye said he was not sure if Sekgatja could withdraw, saying he needed first to get direction from the director of public prosecutions. Maunye said a decision needed to be made on whether the matter would be transferred to the high court or remain in the magistrate's court. A third option was that the case against Khupe could be withdrawn.
Commenting on Sekgatja's future in the case, magistrate Maggie van der Merwe said she was excusing him from proceedings, saying the charges against Mabaso could be withdrawn in absentia.Mabaso died from an apparent suicide in a Cape Town police holding cell. According to his death certificate, he was found hanging from shoelaces.
The 27-year-old had been transported to Cape Town to collect evidence, which he said would prove his claims that Khupe was the mastermind behind the killings, despite him having admitted to carrying them out.
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