Khekhe and co-accused are ‘struggling’ to cope in solitary confinement, says psychologist

The state has questioned the clinical psychologist's independence when she compiled reports on the four men convicted of murdering North West businessman Wandile Bozwana.

A psychologist, whom the court ordered should not be named, was probed on some of her conclusions on each of the four men, which included conclusions that the suspects present with symptoms which are consistent with diagnostic criteria of depressive disorder and anxiety, among others.

The psychologist said the process used in compiling the report included a psychological evaluation and mental status examination, which involves observing and recording the physical appearance of the client, speech and language, mood and affect, thought processes and content, relationships and history.

The four are controversial taxi boss Vusi “Khekhe” Mathibela and co-accused Sipho Patrick Hudla, 40, Matamela Robert Mutapa, 46, and Bonginkosi Paul Khumalo, 42, who were in court for the continuation of sentencing proceedings on Thursday.

They were convicted on June 23 of murdering North West businessman Wandile Bozwana and attempting to murder his business partner, Mpho Baloyi, on the Garsfontein off-ramp in Tshwane in October 2015.

On Thursday the state prosecutor, Jennifer Cronje, came out gun blazing, questioning the report's independence and suggesting the clinical psychologist depended solely on what the accused told her.

“Your opinions are based on what they told you,” said Cronje.

However, the expert disputed that, saying it was based on the series of tests she conducted while compiling her reports.

The psychologist has mentioned in her report that the accused denied any involvement and feel they are victims.

When questioned if there was a possibility that the accused were suffering from depression, PTSD symptoms and anxiety during the commission of the crime, the psychologist said it was unlikely.

While Mathibela was very vocal, seeking the attention of his defence team to consult a few times, the other three accused showed less to no emotions.

Cronje told the psychologist that none of the accused admitting to the crime, even after the judgment, shows a lack of remorse, coupled with their insistence on being victims.

The clinical psychologist said the accused were struggling to cope with solitary confinement.

But Cronje told the court the impression created by the accused of isolation and being cut off from the world was not correct.

She stated Mathibela was found in possession of five phones at different times.

Some of the findings in the reports show that Hudla and Mutapa can be manipulative, while Mathibela has been found to be charming.

“Based on my interaction with him, I think he can be charming,” she said.

Meanwhile, Mathibela’s legal team said they are still awaiting further instructions from his client after their urgent application to have the correctional services department declared in contempt of court.

The urgent matter was before the Pretoria High Court.

The court heard on Tuesday that Mathibela was moved to the remand section on Tuesday overnight.

The abrupt prison move came a day before the matter could be heard.

The department had put Mathibela in the C-Max - a section of Kgosi Mampuru II correctional centre that houses some of SA's most dangerous criminals - and it had refused to move him, even after Mathibela had obtained an order from the high court in August that he be returned to the remand section of the prison.

TimesLIVE reported that the department cited an error in the order, which it said made it “unenforceable”.

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