In the ongoing Joshlin Smith sentencing appeal hearing, Judge Nathan Erasmus sharply rejected Advocate Nobuhle Mkabayi’s allegations of a “gross irregularity” during the original trial.
Mkabayi claimed Erasmus had stormed out of court and arbitrarily limited the defence’s time, accusations the judge described as lacking any substantive basis. He pointed out inconsistencies in her arguments, noting that she sometimes cited irrelevant cases or failed to properly read the materials she referenced.
Erasmus explained that any pauses in proceedings were deliberate, allowing him to carefully review the case before continuing. While stating that her complaints do not technically qualify as grounds for appeal, he acknowledged that the defence could still submit a formal notice of appeal if granted leave.
His firm response underscores the court’s commitment to fair process while addressing what he viewed as unfounded criticisms in this high-profile case.