Gqom superstar Babes Wodumo, real name Bongekile Simelane-Maphumulo, appeared in the Durban Magistrates Court on Thursday, 23 January, for the commencement of her three-day assault trial.
Dressed entirely in black – a long black leather coat, black long-sleeved T-shirt, black leather trousers, and black boots – she arrived accompanied by her father, Bishop Welcome Simelane.
The charges stem from an alleged assault on Durban designer Philile "Philly" Mhlongo of SK Designs on 12 March 2024, a charge to which Babes pleaded not guilty.
The alleged incident occurred at Mhlongo's West Walk business in Durban's CBD and was reportedly captured on the venue's security cameras. Mhlongo testified that Babes Wodumo struck her in the face with an open hand. She detailed the process of obtaining the video footage:
"After the incident, which was recorded by cameras, I requested video footage from the business place supervisor. She showed me the footage, but she said she couldn't download it for me. I then recorded the footage on my cellphone, transferred it to my USB, and gave it to the investigating officer," she explained.
However, Babes Wodumo's attorney, Thula Mlondo, raised objections regarding the acquisition of the video footage, questioning the procedural aspects of its obtaining. This prompted Magistrate Ntokozo Myeni to request the state prosecutor, Ntokozo Ngema, to present the video in court. The prosecutor informed the court that she did not possess the video, as the defence had not raised any objections during the pre-trial conference.
Consequently, Magistrate Myeni postponed the case to Monday, 27 January, to allow the state to secure the video evidence. The trial is scheduled to resume on that date and continue on 7 February.
The altercation, which took place in March 2024, reportedly stemmed from an unpaid debt for clothing hired by Babes Wodumo's dancers, Smiso Zulu and Sanele Smallz, for a performance at the IFP manifesto launch. Mhlongo stated that the dancers had left a deposit of R150 but lacked the funds to settle the full amount immediately.
A video of the incident, which went viral, shows a heated argument escalating into a physical altercation, with security personnel intervening to separate the parties. In the video, Babes Wodumo can be heard shouting at Mhlongo, while Mhlongo responds: "Fokof! This is not the first time Babe's dancers owe me. I never said she owes me."
Mhlongo maintained that as the dancers worked for Babes Wodumo, she was ultimately responsible for their debts.
The first day of the trial saw Babes Wodumo's defence lawyer challenge the admissibility of the video evidence, creating a significant hurdle for the prosecution. The postponement highlights the importance of proper evidentiary procedures in legal proceedings and underscores the challenges faced in presenting digital evidence in court. The continuation of the trial on 27 January and 7 February will determine the outcome of this high-profile case.
