By Thembi Siaga and Maanda Bele

Comedian Livhuwani “SABC Livhu” Madadzhe was remanded in custody on Friday, 14 November, after the High Court in Thohoyandou, sitting at the Waterval Magistrate’s Court, cancelled his bail and postponed his sentencing proceedings. This followed a request by the defence for time to obtain a pre-sentencing report, which attorney Khuliso Negota said could take up to 14 days.

The sentencing proceedings first began on Wednesday, 12 November, but were postponed to the following day. Thursday’s hearing collapsed when both defence lawyers, Negota and Adv Ntsako Hlungwani, failed to appear. Judge Thogomelani Tshidada demanded an explanation, noting that the court had not been informed of their absence. Madadzhe was given an opportunity to contact his legal team, but neither lawyer was available.

Negota later told the court he had believed Hlungwani would attend in his place. “I was not available and I thought my learned colleague would be available. I even had to cancel my flight ticket after I was notified in the afternoon,” he said.

The defence again came under scrutiny earlier in the week when Negota asked Judge Tshidada to recuse himself from all charges, despite the judge’s limited return to deal only with Counts 1 and 2 — the fraud charges to which Madadzhe has pleaded guilty. Negota argued that the matter should start anew before a new judge, saying they were “surprised” to see Tshidada back on the bench after recusing himself in May.

The court clarified that Tshidada will preside only over the fraud counts, while a different judge will handle Counts 3, 4 and 5 — murder, assault with intent to cause grievous bodily harm, and defeating the ends of justice.

The fraud charges date back to 2017, when Madadzhe allegedly faked his mother’s death to claim insurance money. He reportedly succeeded in one claim but failed in another attempt to defraud FNB after his sister informed the bank that their mother was still alive.

Madadzhe is also facing serious charges linked to the January 2023 death of his partner, Lindelani Nengovhela, whose body was found in a water-filled pit toilet at his home in Mangondi Sidou outside Thohoyandou.

On Friday, the defence asked for a pre-sentencing report, which will include interviews with the accused’s family and an assessment of his personal circumstances. The report will guide the court in determining an appropriate sentence.

Regarding the cancellation of Madadzhe’s bail and the postponement of his sentencing proceedings, Judge Tshidada said the court had considered the law, the state of the matter, and the interests of justice. He issued three orders: sentencing proceedings are postponed to 4 December 2025 for the defence to obtain a pre-sentencing report; bail previously granted by the lower court is cancelled with immediate effect; and Madadzhe is remanded in custody until his next court appearance.

“This is personal,” Madadzhe muttered after Judge Tshidada left the courtroom.