THREE men accused of killing IFP leader Khethamabala Sithole were denied bail.
The accused appeared in the Palm Ridge Magistrates Court on Friday, 29 August.
Passing the judgment, Magistrate Mandrira said the state has listened to evidence before the court from the state prosecutor, Nkosazana Moloi, the investigating officer, and the accused's defence lawyer, Advocate Bongani Khumalo.
She said this was an application for release on bail by all three applicants pending the investigation being completed.
Magistrate Mandrira said they are charged with one count of murder, two counts of attempted murder, possession of a firearm, and ammunition.
"The three applicants appear with no previous convictions, pending cases, outstanding warrants, Protection Orders, and none of them are out on parole.
"The defence had made submissions that the applicants have no propensity to commit schedule 1 offences, and the defence stated that there is no evidence that the applicant will attempt to intimidate the witness or identify the witness that was not disclosed in the bail proceedings, destroy or conceal evidence.
"They do not have passports or travelling documents, nor do they have any relatives outside of the Republic of South Africa. They further allege that they have strong family ties within the court's jurisdiction and, as such, that they have discharged the onus on them as set out in section 60 subsection 4 subsections 8 to E of the criminal procedure act."
She said defence attorney Khumalo also pointed out that applicants one and two were arrested three days after the incident, whilst applicant three was apprehended three weeks later.
According to the defence, the applicants were not in the vicinity of the offence on the day in question, and he also pointed out that the applicant one and two were apprehended at their place of residence, which he tried to highlight was that they are not a flight risk.
"The defence also pointed out that although people are protesting outside the court, these persons are not opposed to the release of the applicants on bail, and that the state has a weak case as the state's case is reliant on that of a single witness and the pointing out and confession of applicant three."
ALSO READ | How IFP leader's 'killers discussed his shooting'Opens in new window
The magistrate stated that the defence lawyer, Khumalo, said it is unlikely for Applicant One to use his licensed firearm for a shooting, as it could easily be traced back to him. According to the defence, the role of Applicant Two in the matter remains unclear.
Applicant Three, on the other hand, was arrested because his vehicle was allegedly used in an offence, and he was reportedly tortured into confessing and pointing out evidence.
She said Advocate Khumalo also highlighted that the applicants have a constitutional right to be deemed innocent until proven guilty by a court of law.
"He went on further to add that the applicants have further constitutional rights to the right of freedom, and they cannot be detained to please the investigating officer for the community," said Mandrira.
She said the state relied on the evidence of the investigating officer, who is currently stationed at the provincial investigating unit dealing with high-profile cases involving politicians and soccer players.
"The investigating officer testified that the trigger man is the outstanding suspect and that he has been searching for him diligently. He has been to KZN no less than six times and even to Mpumalanga. His evidence is that this suspect is so good at hiding that he likened it to the suspect using muthi.
"The investigating officer testified that no one initially was willing to cooperate with him or the investigation, and they started saying that they didn't see anything. Then the key witness approached the investigating officer.
"In fact, this witness was afraid from the outset as he asked to meet the investigating officer at Sam Ntuli Mall in Katlehong and had requested that this investigating officer not put police officers from Katlehong police station. This in itself describes the fear of the key witness," said Mandrira.
She said the investigating officer highlighted that the state has a strong case. Apart from the key witness, the postmortem has been filed, he is awaiting the outcome of the Ballistics report, and he's in the process of obtaining cellphone records.
She stated that the state prosecutor, Moloi, requested the dismissal of the bail application because the state has a strong case.
"The applicants did not challenge the state's case other than to make a standalone sweeping statement that the state's case against them is weak.
"I'm of the view that the applicants failed dismally to discharge the owners placed upon them to show on a balance of probabilities that exceptional circumstances exist which are in the interest of justice and warrant their release on bail.
"Their personal circumstances of the applicants placed before this court are neither unusual or exceptional to warrant their release on bail in the interest of justice in the final analysis I'm of the view that the applicants have not established exceptional circumstances which is in the interest of justice warranting their release on bail having considered the applicants affidavits the testimony of the investigation officer I think the applicants application to be released on bail is dismissed."
The Gauteng provincial IFP chairperson, Bonginkosi Dhlamini, says they are delighted that the three men who are accused of killing the late IFP member of Parliament, Khethamabala Sithole, were denied bail.
"We are very pleased with today's judgment wherein the three suspects were denied bail. It was quite evident that the suspects would be denied bail as the state, as well as the investigating officer, had a watertight case. Therefore, as the IFP, we are pleased with this judgment.
"It must also be noted that the presence of you, members of the IFP, also applies pressure in court as the magistrate referred to your demonstrations outside the court yard more than three times, which is a sign of solidarity with the family of the Sithole family," said Dhlamini.
The case was postponed to 9 October for further investigation.
