On December 18, 2024, a crucial bail hearing took place at Alexandra Magistrates Court regarding the case of Julius Friday Chukwunta, a deceased member of the Nigerian community in South Africa. The proceedings, which involved four defendants facing murder charges, saw significant developments and community involvement.
The Nigerian Union South Africa (NUSA) was represented by Legal Adviser 2, Attorney Elsie Ogounga, who played a pivotal role in the proceedings. The case, classified as a Schedule 5 offence under the Criminal Procedure Act 51 of 1977 (as amended), attracted considerable attention from the Nigerian community in South Africa.
Three of the four accused presented formal bail applications to the court. The first accused’s lawyer argued that the incident stemmed from a parking space dispute that escalated into a physical altercation with the deceased. The second accused maintained his innocence, while the third claimed he was protecting the first accused. The fourth accused’s bail application was postponed due to the recent appointment of a Legal Aid attorney, resulting in his continued custody.
It is important to clarify the distinction between Attorney Elsie Ogounga’s position as a watching brief for NUSA and the state prosecutor’s role, particularly for those unfamiliar with South African judicial procedures.
In South Africa’s criminal justice system, a “watching brief” refers to when a lawyer represents an interested party who is not directly involved in the case, such as victims or their family members. While these attorneys cannot actively participate in proceedings since prosecution remains under state control, they attend court sessions to protect their client’s interests and provide guidance throughout the legal journey.
Unlike the public prosecutor, who acts on behalf of the state in criminal cases and opposes bail applications, Ogounga’s function was to protect the Nigerian community’s interests and support the victim’s family. She collaborated extensively with both prosecutors and investigators to challenge the bail application.
Ogounga’s efforts involved supporting the prosecution’s submissions and ensuring that the court thoroughly examined all relevant aspects of South African criminal law and constitutional rights provisions. Her advocacy aimed to represent the concerns of the Nigerian community and push for justice in this high-profile case.
Despite the opposition, Regional Magistrate Boshoff of Court 2, after extensive discussions and careful consideration of all arguments, approved bail at an enhanced sum of R10,000 per defendant, subject to specific terms. This decision came after a thorough examination of the prosecution’s submissions, supported by Attorney Ogounga and the defence arguments.
The case has been adjourned until February 3, 2024, for further investigation. The Nigerian community showed strong solidarity, with representatives including Mr Joe Ani, chair of the Nnewe Development Union South Africa, and Sir Jonas Udeji (Onowu Ndigbo Na SA) attending the hearing.
NUSA has urged for collective wisdom and rational thinking to ensure proper legal processes continue. The Nnewe community Chairman expressed appreciation for NUSA’s legal representatives, particularly praising Attorney Elsie Ogounga’s commitment to the case.
As the legal proceedings continue, the Nigerian community in South Africa remains vigilant, with NUSA playing a crucial role in ensuring fair representation and justice for Julius Friday Chukwunta.
