Three man accused of murder in a vigilante killing of three men in March last year in Khayelitsha Harare 33 stood in court today for a bail hearing.
Mawande Sibonde, Morris Mayela and Xolani Makapela join four other co-accused who already appeared in court for the murder. Lumko Bambalaza, Mziwabantu Mngcwangi, his brother Mzimasi and Mzima’s wife Buyelwa, appeared in Khayelitsha magistrate court last year, facing three charges of murder and three counts of kidnapping. The men they are accused of killing were Luxolo Mpontshane, 25, Mabhuti Matinise, 20, and Sivuyile Rola, 28, who allegedly stole a television set.
According to the docket before court, Sibonde, Mayela and Makapela (accused today) were tracked down in the Eastern Cape following the incident.
A policeman who was patrolling the area found the alleged thieves’ dead bodies in a sand dune in Macassar on March 14 2012.
Residents and families of the accused swore at each other outside the court and demanded to be allowed inside, until Magistrate Zainunisa Ariefdien had to adjourn the court and ask residents to behave themselves.
State Prosecutor Job Dlamini, told the court that the three added accused are still waiting for a bail.
“This is a further bail application,” said Dlamini. “The court still needs to cross examine accused number seven before making a decision.”
Dlamini said accused Bambalaza, Mziwabantu and Buyelwa were refused bail, however accused number three Mzimasi is out on R700 bail.
Dlamini said he won’t be able to continue with the case as the docket for the three added accused was not before court.
Standing for accused one to four, advocate Zukisani Bobotyani told the court that he received a letter from the Cape Town High Court, stating that the case will be transferred there.
He said as far as his clients are concerned, he does not need to be in court since they have had their bail hearing.
“I’m only here to beg the court to hurry with the bail application of the three new accused, said Bobotyani, “so that when the matter is transferred to Cape Town high court everything will be done in this side”.
Thandisizwe Mpayipheli, the attonrney of accused numbers five and six, Sinonde and Mayela, and the attorney Fuzile Shumi, who represents accused number seven, Makapela, asked magistrate Ariefdien to give them a quick date to finalised the bail application.
The case was postponed till March 7 for magistrate Ariefdien to finalise the bail application and transfer the case to the Cape Town High Court.—Nombulelo Damba