Hillary Gardee Murder Trial Postponed Again: Fifth Delay in Mpumalanga High Court as Accused Switches Lawyers
Mbombela – The long-awaited trial for the brutal murder of Hillary Gardee has hit yet another snag, with the Mpumalanga High Court postponing proceedings for the fifth time. Now set for 12 December 2025, the case against convicted serial killer Hlabirwa Rassie Nkuna continues to drag on, leaving the victim’s family and the public frustrated. Judge Lindiwe Vukeya cited the need for Nkuna to consult with his newly appointed lawyer as the main reason for the latest hold-up, marking a pattern of delays that have plagued this high-profile matter since it kicked off in October.
This postponement comes amid growing concerns over the slow pace of justice in a case that has gripped the nation since 2022. Hillary, the 28-year-old daughter of former Economic Freedom Fighters secretary-general Godrich Gardee, was kidnapped, raped, and killed in a crime that exposed deep flaws in the handling of gender-based violence and political-linked investigations. As Nkuna – already serving multiple life sentences for other murders – faces fresh charges, the courtroom drama underscores the challenges in bringing closure to grieving families.
Background to the Tragic Case: From Disappearance to Arrests
Hillary Gardee vanished on 29 April 2022 while out shopping at a plaza in Mbombela with her three-year-old adopted daughter. She had withdrawn cash from an ATM and bought a pie when she was last seen. Her body was discovered five days later on 3 May in a timber plantation about 40 kilometres outside the city. An autopsy revealed she had been shot three times in the head and neck at close range, with signs of severe assault and rape.
The murder sent shockwaves through South Africa, sparking protests and calls for action against femicide. Her father, Godrich Gardee, used his platform to demand swift justice, highlighting how the case reflected broader issues of violence against women. Initial investigations led to the arrest of four men: Sipho Lawrence Mkhatshwa, Philemon Lukhele, Albert Mduduzi Gama, and Mduduzi Sthembiso Nkosi. They faced charges of murder, conspiracy, kidnapping, rape, and defeating the ends of justice.
However, the case took twists. Charges against Mkhatshwa, Lukhele, and Gama were provisionally withdrawn in February 2023 after they agreed to become state witnesses. Nkosi’s charges were also dropped later. The breakthrough came in January 2023 when Hlabirwa Rassie Nkuna, then 36, was linked to the crime through DNA evidence from Hillary’s fingernails and other forensic matches. Nkuna allegedly confessed to the murder, claiming he acted alone after a botched hijacking.
Nkuna’s criminal history is chilling. By May 2023, he was convicted and sentenced to two life terms plus 45 years for the murders of sisters Pretty Mazibuko, 24, and Zanele Nkosi, 26, in separate incidents in 2022. Mazibuko was strangled, and Nkosi was shot. He is also on trial in the Pretoria High Court for the May 2022 murders of his girlfriend, Sanelisiwe Mkhize, and her brother, Lucky Mkhize, whom he allegedly shot during a domestic dispute. In total, Nkuna faces links to at least six murders, earning him the label of a serial killer.
In the Gardee case, Nkuna stands accused on 12 counts, including two of murder (one for Hillary and possibly tied to another victim), three of rape, housebreaking with intent to rob, possession of unlicensed firearms and ammunition, and conspiracy. Prosecutors allege he targeted Hillary for her vehicle and cash, leading to the fatal attack.
Series of Postponements: Legal Aid Woes and Lawyer Changes
The trial, which began in the Mpumalanga Division of the High Court in Mbombela on 20 October 2025, has been riddled with setbacks. The first delay came on day one when Nkuna’s then-lawyer, Advocate Kekana Malesela, requested time to consult with his client. It was postponed to the next day.
On 21 October, Nkuna made a surprising move in court, firing Malesela due to a “breakdown in their relationship.” He expressed distrust, claiming a lack of proper consultation. This led to another postponement to allow Legal Aid South Africa to appoint a new representative. Nkuna then reunited with his former lawyer, Advocate Musa Mavasa, who had represented him in earlier proceedings.
Further delays followed on 24 October and 28 October, again tied to legal aid funding issues and preparation time. Legal Aid South Africa has faced criticism for shortages in handling high-profile cases, with Nkuna’s extensive record adding complexity.
The latest postponement, announced on 18 November 2025, gives Nkuna time to brief Mavasa fully. Judge Vukeya emphasised the need for readiness: “This case is postponed to 12 December 2025. It is to allow you to consult with your attorney in preparation for the forthcoming trial. On the 12th of December, the court will conduct a pre-trial conference with both the state and the defence, even though I may not be doing the trial. I don’t know which judge will be doing the trial, but I would like to get it ready for the judge. So, that on day one when the matter appears before the judge, it is ready to start.”
Nkuna, appearing via video link from prison, has denied blame for the delays, telling the court he should not be held responsible. Godrich Gardee, present in court with supporters, voiced disappointment outside, saying the repeated hold-ups prolong the family’s pain.
Family’s Anguish and Calls for Justice
The Gardee family has endured a tough journey. Godrich Gardee has publicly shared his grief, describing Hillary as a vibrant law student with dreams of making a difference. He has accused authorities of mishandling the initial investigation, pointing to early arrests that fell apart and delays in forensic processing.
In interviews, Gardee has called for transparency and speed, noting how the case highlights inequalities in the justice system. “We need closure, not endless postponements,” he said after a recent hearing. The Economic Freedom Fighters, his former party, has rallied behind the family, using the case to advocate against gender-based violence.
Prosecutor Advocate Nqabayethu Buthelezi has assured the court that the state is ready, with key evidence including Nkuna’s alleged confession, DNA matches, and witness statements from the initial accused-turned-witnesses.
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