The trial
It is the first day of trial on a Monday morning. The room has the representatives of the accused and those of NPA and state security. Outside the court, in the court yard the place has journalists from all news networks in every corner, even international media is here to cover this unfolding political drama. You would be forgiven for thinking this is the retrial of O.J. Simpson.There are also groups of protesters with placards, some in support of those who are accused, others against them. They are taunting each other, each group trying to outdo the other with songs. Those who couldn’t make it to the courts are glued on their T.V. screens watching in eager anticipation. It rarely happens that politicians get to be tried, surely this trial will be one of a kind.
Sitting in third row benches are Qhawe and Themba in their black suits with their wives Nothemba and Zinhle also dressed formally. Buhle is with them as well. On the far right across them is Hlengiwe and her associates and lawyers also dressed formally. Qhawe looks over to Hlengiwe and mimics a ‘Hi’ accompanied by a smile, Hlengiwe returns the favor. Qhawe had been out of the health care facility for a week now and he looks strong and healthy. He couldn’t miss this trial for the world.
In the first row in front of Hlengiwe sits Jack Locker’s co-accused buddies, behind them in the second row are his former friends turned state witnesses.
Qhawe keeps looking around the room and his face is restless because he can’t see his number one enemy, Locker. But who can blame Qhawe? Just across him should be sitting a man who almost got him killed, and the thought of any possibility that this man can walk is making his blood boil.
The courtroom itself is very quiet with levels of tension that can cause spasms on people. Outside, people continue to raise their placards, shouting the names of the accused and the names of the accuser. The media has not been allowed to cover the proceedings from inside the courtroom because this revolves around classified operations, only people with high level security clearance can be inside. Buhle is a witness who will take the stand at some points which is why she was allowed in.
Qhawe looks at his wife with worry and he whispers in her ear, “Where is this bastard? I can’t see him in the room,” he says. Nothemba then suddenly notices as well and the first thing on her mind is My kids. But their whispering is suddenly disturbed by the court officer who shouts, “All Rise,”
Everyone in the room stands up as the judge emerges from the chambers. Judge Samuel Nicholson sits down, which is followed by everyone in the room taking their places. There is deafening silence in the room as everyone looks at the judge with keen interest. Judge Nicholson looks down on his documents as if he is reading carefully what is written down.
“Good morning everyone,” the judge says calmly. “The representative of accused no. 1 may rise,” Nicholson says still with his eyes glued on the document in front of him. A lawyer representing Jack Locker rises and pays attention to the judge. “I have been informed by the representatives of accused no. 1, Mr. Locker, J that he is not well and is unfit to stand trial. So since he was accused number one I am postponing the trial to November 27, which is two months from now,” the judge says as he smashes the signal of adjournment, to most of people’s shock in the room. He then disappears into the chambers.
“Arise,” the court officer says and everyone rises up. Qhawe watches as all Locker's accused are lead down the stairs to the dugout. While everyone stands up to greet those they know, Qhawe remains seated, visibly in shock and anger. A soft hand on this shoulder, touched him, Nothemba smiles at him, trying to give him hope. He then stands up and hugs his wife and shakes Themba's hand.
“Don’t worry buddy, it’s going to be okay,” Themba reassures his friend but Qhawe shrugs like a man who has given in already. Hlengiwe comes over to them and hugs Zinhle and then shakes Themba's hand. “Oh well, we expected these kind of things Mr. Nkosi and quite frankly there’s still more to come,” she says to Qhawe who let out a half smile, “Yeah I suppose,” he says as they move out of the courtroom because they were the last ones.
***
Later in the afternoon, Themba and Zinhle had invited their friends, Qhawe, Nothemba and Hlengiwe for dinner. They brought their children with them. Mbali, Hlengiwe's daughter is playing with Nothemba’s kids, Mholi and Naledi while the adults are sitting in the lounge after dinner. Qhawe is still unhappy about the delaying tactics applied by Locker,
“This guy won’t get away with this, over my dead body,” he says as he fumes and takes a big sip of the glass of whisky in his hand. “Baby calm down,” Nothemba says as she brushes her husband in the back to try and get him to calm down a bit. Qhawe breathes in and out heavily and then takes another sip.
“Yeah man, there’s no way he’s going to get away with this,” Themba says as he looks at Hlengiwe as if to say please say something to the man.
“Mr. Nkosi, I can assure you, he won’t get away. Let’s just make sure nothing happens to any of the witnesses during this period, okay?” Hlengiwe says with her usually authoritative voice while she fiddles something inside her purse, “Oh I almost forgot, this is for you guys and this is for you,” she says as she gives Qhawe what looks like two pieces of papers and another two pieces of papers to Themba.
“Uhmm…what is this Hlengiwe?” Qhawe asks with some shock on his face as he reads what’s written on them, but he’s interrupted by a shout on the opposite couch, “Oh my God, this is a lot of…,” Zinhle shouts as she reads whatever is written on the pieces of paper that Themba is carrying but Hlengiwe cuts in, “Well, consider it as your retirement package. The President felt that you earned it. You help clean out the streets so to speak,” she says with a smile as she looks across the and sees that everyone is completely caught by surprise.
“Wow this is a lot of money,” a shocked Qhawe says as he gives one cheque to his wife, who is just as pleasantly shocked. Themba also gives one to his wife, “This is yours love.” he says.
Hlengiwe takes a sip at her glass of wine as if to gather her next words, “Look guys, truth is. We all have been compromised. Things can’t just go on as normal. With all that you now know, you have become hot commodities for bidders out there. So to get out you need resources and lots of money to start over again.”
At that Nothemba stands up in frustration, “What exactly are you trying to say Hlengiwe?” she raises her voice, “must we just up and leave? Leave our lives behind and go to hiding?” she is upset. But Qhawe pulls her back down to the couch, “Honey calm down, let her finish,” he says and Nothemba calms down.
“Look Mrs. Nkosi I wish I could say after all you’ve been through your lives go back to being normal again, but frankly it won't,” Hlengiwe says with confidence. “You have been compromised, all of you. I am compromised as well. Unless you want to put the lives of those little kids in danger then yes go on as business as usual,” she says as she looks over at the kids who are obviously playing. Nothemba looks at her kids and suddenly she is overwhelmed with panic and her eyes are teary.
“Look, all I can do is give these and you can then decide for yourselves as for what you want to do but, I’m out. You won’t have me help out. Once these bastard have paid for their crimes, it’s curtains down for me,” Hlengiwe says as she stands up, “Ladies and gentlemen let me leave you, Uhmm I will be in touch during the course of these weeks before court date.” as she turns towards the door. Themba and Qhawe accompany her to the gates and watch as her convoy hits the road. They then go back inside the house.
The trial Part 1
Day 2
The November 27 date has arrived. As usual, it is early in the morning just like it was on the opening day, the courtyard is full of international media covering the trial. Inside the court room it is just like it was on day one, very subdued atmosphere, not too much chit-chat between people. The anticipation is high. But what could ruin Qhawe's day is the fact that, again today Locker is not in the room. He looks around again to double check just in case his eyes are playing tracks on him, looks around again, nope, there is no sign of Locker in the room.
“What the hell is going on?” Qhawe whispers to his wife's ear, “This bastard isn’t here again.” His face changes in anger as he comes into realization that this is just another wasted day in this room as things are more than likely to be postponed again.
“All Rise,” a voice in a distance says, in Qhawe's head as he is caught up in deep thoughts of frustration and rage. He is snapped out of it by his wife who brings it to his attention that everyone is on their feet as the judge enters the room. He quickly stands up and straightens his tie. Everyone sits down after the judge has sat down. The levels of tension in the room increase to unparalleled proportions in anticipation of the judge's first words.
“The representatives of accused number one may rise,” the judge says. And Jack Locker's lawyer arises in response. “May the accused no. 2, accused no. 3, accused no.4, accused no. 5, accused no. 6, accused no.7, accused no. 8 and accused no. 9, please rise,” the judge says in a commanding voice and all those mentioned, Locker's friends: Seth Gumbi, Sthembiso, Sipho Fuze and Locker’s business partners: Enoch Ramah, Sean Jackson, Samson Timmons, Dennis Lean and Joshua Mvubu- all stand up. At that moment everyone in the room is breathless with anxiousness wondering what the judge will pronounce next.
“I have been informed by the accused, Jack Locker’s representative that his client is unfit to stand trial and have provided a medical certificate that suggests that Mr. Locker will be in the Hospital for at least 6 months,” the judge says much to the dismay of many in the courtroom who start a commotion.
Qhawe can’t believe what he is hearing. His eyes turn red with fire, like a dragon pregnant with furry furnace but in all his anger he manages to contain himself from losing it.
Nothemba, Zinhle and Themba are also sitting down quietly, maybe lost for expression. “Order, order in the house,” the judge shouts to calm the noise in the room as he continues to read down, “I have also been informed by the prosecutor, on behalf of the National Prosecuting Authority, that in light of some of the witnesses withdrawing from testifying against the standing accused, they have decided to provisionally withdraw the charges against all the standing accused no.2, no.3, no.4, no.5, no.6, no.7, no.8, and accused no.9, as there is no prospect for a successful conviction.” Those words felt like walls come crumbling down on Hlengiwe, who had sacrificed everything to bring these men to justice.
“To this end, the court is adjourned,” the judge says as he smashes the podium for adjournment. The commotion ensues in the room as many people are unhappy with the pronouncement. “All Rise,” the court officer shouts as the judge leaves the room and disappear into the chambers. While many people make noise on their way out, Qhawe and his friends remained seated, motionless but only rage fills their heart.
Qhawe watches as all Locker's friends shake each other's hands in joyous mood, celebrating their victory. The men who had agreed to turn state witness had long disappeared in the crowds that headed through the court doors.
For Qhawe and his friends it feels like they are back where it all began, only this time they may not be able to get this close to winning.
After a little while when everyone had cleared out the room, only Qhawe and his friends are left. Hlengiwe on the far end is still seated down by herself, lost for words. Finally, she comes over to her friends, “Guys I don’t know what to say to you, I’m really sorry,” she says as she walks out the door without waiting for them to say anything back to her. After several more minutes, they too also leave.
The Trial: Part 2 When All Else Fail
It's now been two weeks since the trial unceremoniously ended and broke Qhawe and his friends' hearts but the drama is still airing in the news every day. Some political commentators are questioning the judge's decision to halt the trial while others question the NPA for dropping the charges, while still others question why the witnesses suddenly changed tune on their agreement to testify.
Implications of them dropping the case has raised questions on whether the two shouldn’t be prosecuted since their immunity revolved around them turning state witness. One thing was clear on Qhawe's mind, justice has failed him and his family and he is not about to forget that.
“Honey, I’m done,” Nothemba disturbs Qhawe who is in deep thought as he looks through the glass sliding door to the pool. “Oh okay honey, we better hurry before we miss our flight, we will meet Themba and Zinhle at the airport,” Qhawe says as he grabs the bags and putting them in the car. They had eventually decided to hid Hlengiwe's advice of retiring far away as staying is no longer safe all of them.
“Come on guys let’s go,” Qhawe shouts as he continues to load everything in the car and in a moment's time, everyone was outside: Nothemba, Buhle and the kids. As everyone gets in the car a call come through for Qhawe and he steps out of the car to move away from the noise,
“Hlengiwe,” he says calmly. “Mr. Nkosi, are you wheels up already?” Hlengiwe asks from the other end. “Oh no we are on our way to the airport right now,” Qhawe responds. “Well, I just wanted to wish you guys all the best and Uhmm I will keep in touch,” Hlengiwe says with a rather unfamiliar voice. She’s so used to being strong and authoritative.
“So you really won’t tell me where you are going?” Qhawe asks. “Well I think its better this way but I will send a post card,” she says and that makes Qhawe to smile. “Thank you Hlengiwe, for everything,” Qhawe says with a more serious voice. They both hang up. Qhawe gets into the car and off they go.
They are going away to start a new life far away from the life that has caused them nothing but grief. Monica will run the company with full authority because Qhawe and Themba trust her. There is nothing left for them in this country. They have been surrounded by danger for years now and not being able to get out of it. They are not happy that at the end, Locker and his friends got away with their crimes but fighting them was more than likely to end up with a loved one dying as Hlengiwe so cruelly learned. Even Qhawe at one point was fighting for his life.
On the road to the airport, Qhawe looks around the houses realizing he will never see this beautiful place again. It breaks his heart but he has to say goodbye to this life and start afresh.
***
Later that day, somewhere in mountains, in a big house fortified with big trees there are men celebrating freedom. Locker and his friends have decided to meet and discuss business when he is meant to be in the Hospital fighting for his life. But clearly this was never the case as the men are in jovial mood drinking expensive whisky. There are women everywhere in this house hired to entertain old men who have nothing on their minds but evil thoughts.
“How is my portfolio going?” Locker asks Sipho Fuze who is busy puffing a cigar with a woman on his lap. “It’s going okay; I was about to update on that but…” before he could finish his sentence a bullet hit his forehead. It came from a very long way off, through the window and hit Sipho Fuze. The escort woman that was sitting on his lap fell down and started screaming.
While everyone is still shocked and running for cover, a second bullet hit Seth Gumbi in the chest and he falls down. Now women are screaming all over the place. Everyone has taken cover on the floor. In all that chaos Jack Locker is glued in his chair, out of shock he can’t move.
When they all think it’s over, a grenade flies through the window, explodes, killing almost everyone in the room.
The door bursts open and a person in black heavy gear comes through the door, the face is covered. Looking around, seeing that everyone is dead except Locker who can’t move from his chair because he is stark, the face is uncovered, Hlengiwe emerges.
She looks around again and sees that all of Locker's friends are dead in the pool of blood on the floor. She looks at Locker in the face, but he can't utter a single word. He can’t even shout for help which wouldn’t do him much good anyway. His face is covered with blood from the glasses that fell on him.
Hlengiwe points the gun on him, “This is for my son, you bastard,” she says as she squeezes the trigger, letting fly the bullet at close range, to Locker's forehead.
She walks out the door and looks up to the sky, breathing a huge sigh of relief as if something has been moved off her shoulders. A tear comes down as flash backs of her son in a pool of blood come flooding her memory. She turns around and looks in the room again. She throws two more grenades in the room and turns around. As she disappears to the woods, the house is left up in flames, running down to the ground.
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