The Germiston Magistrates Court has granted bail of R1,000 each to Malwande Tukula and Mandisa Mboxwana.
The duo is facing charges of public violence and damaging essential state infrastructure following last week's eviction operation in Pharoe Park flats in Germiston that erupted in chaos.
The two accused were released under strict bail conditions.
Magistrate Rosemary Baloyi said the court heard evidence from investigating officer who opposed bail, as well as the accused's lawyer's presentation that his clients should be granted bail.
"The investigating officer, Detective Warrant Officer Noah Mnisi, told the court that releasing the two accused will jeopardise the investigation of the case, and witnesses will be afraid to come and testify.
"However, Mnisi couldn't tell the court how many witnesses he had on this case.
"The two accused have provided an alternative place where they will live should they be released on bail," she said.
She said accused number one, Tukula (30), is a mother of an 11-year-old boy who depends on her, and she does odd jobs to support her family.
"The state should look at these circumstances, which can lead the kid to suffer if the mother is kept in jail.
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"On the other hand, Mboxwana (63) is a pensioner and has three children, one of whom is doing matric.
"She's taking care of the family with the government grant, and she should not be kept inside the prison," said Baloyi.
She said there are also strict bail conditions that should be followed by the accused.
"Accused one Tukula, you are going to stay with your sister at Elsburg in Boksburg, Ekurhuleni. Accused two Mboxwana, you will stay at the address which was verified by the investigating officer at Bertrams in Joburg until the matter is finalised.
"If by any chance you happen to move from those two addresses, you notify the investigating officer before you even move.
"You should provide the address you are moving to until he verifies those addresses.
"The second condition is that both of you are not allowed to leave the province of Gauteng without the written permission of your investigating officer.
"The third condition is that both of you are not allowed to engage in any public gathering or any public protest until this matter is finalised. If you skip any of these conditions, the court will not hesitate to cancel your bail, and you will be kept in custody," said Baloyi.
Defence attorney Tshepo Kapa said: "I'm happy that my clients got the bail. The court heard on Thursday that the investigating officer didn't do a proper investigation into this matter.
"I believe that the state has no case at all against my clients," said Kapa.
The accused were arrested in Germiston following demonstrations by residents over evictions at a block of flats they have been occupying, with protesting residents setting the Home Affairs building on fire after residents claim it was a surprise action by the Red Ants.
The City of Ekurhuleni has been conducting evictions on four blocks of flats in Pharoe Park over unpaid rent, obtaining an eviction order in June to remove the occupants for failure to pay their rent to the city. The city also claims the tenants were sent notices on time to leave the premises.
The case was postponed to 26 September for further investigation.
