Johannesburg - Two of the four people accused of killing Mozambican hawker Emmanuel Sithole were denied bail in the Alexandra Magistrate’s Court on Monday.
Magistrate Syta Prinsloo told the court on Monday morning that Sizwe Mngomezulu and Sifundo Mzimela, both 21, had been denied bail because they were a flight risk and would disturb the peace in the Alexandra community because “the situation here is still volatile at this time”.
“There were protests and outrage by the community for what the alleged did,” Prinsloo said.
She added that the two are also likely to intimidate the State witness as they both know the witness’s address.
Last week, defence attorney Vhonani Matshidza argued that the two could not be directly linked to Sithole’s murder and were not a danger to society.
“They will plead to charges of assault, but they did not murder the deceased … They have never been accused of any violence before this,” Matshidza said.
The State refuted this and said bail should be denied because the two may intimidate witnesses and could be a threat to others.
The State added that the two are flight risks because they live in shacks and that “it’s easy to move around”.
“Extraordinary measures must be taken as this is an extraordinary case,” said prosecutor Jacob Tloubatla.
The prosecution also asked that the court deny the two bail saying Mngomezulu and Mzimela could be attacked by angry community members.
“They are not welcome in the Alex community,” Tloubatla said.
During the proceedings last week, the State withdrew charges against the third suspect in the case as it was found he is a minor.
The 17-year-old had told police he was 18 when he was arrested. He will remain in police custody until a date for a preliminary enquiry is set.
Mthinto Bhengu, the man accused of stabbing Sithole did not apply for bail but was present at the hearing on Monday morning.
More details of Sithole’s murder were revealed during the bail hearing last week when investigating officer Constable Bheki Mhlongo gave testimony on the April 18 events.
Mhlongo told the court that there were two altercations between Sithole and the four men. “The third accused (the minor) stole cigarettes from the deceased’s street shop, where he sold sweets and cigarettes.”
Sithole followed the accused demanding payment, and the other three accused then surrounded him and accosted him. Sithole tried to run away but Mzimela caught up with him and pulled out a wrench.
Mhlongo said Mzimela then hit Sithole on his back. He alleged that had Sithole not been hit by the wrench, he may not have fallen down and could have protected himself from being stabbed by Bhengu.
Eyewitnesses also told Mhlongo that one of the suspects also kicked Sithole in the leg and the head after he had been stabbed.
Mzimela’s uncle and mother turned him over to the police after finding out about what he had allegedly done.
Sithole's stepmother Mamobetsi Mofokeng told The Star she was relieved. “Wow I'm happy. They don't deserve to go free. Justice must be served.”
All suspects will remain in custody until a trial date is set on May 27 at the Alexandra Magistrate’s Court.
The Star