Cape Town - Ten people who stand accused of the murder of e-hailing driver Abongile Mafalala on Wednesday appeared in the Wynberg Magistrate’s Court where their bail hearing was postponed to July 22.
Mafalala was violently killed in a mob attack spurred by Parkwood residents after he was suspected of kidnapping while he was waiting for his next trip.
Nathan Leeman, Yuwen Nuwat, Bradley Murphy, Carlton Williams, Ashwin Tifflon, Zharnay Johnosn, Antonio Bailey, Ivan Ruiters, Remano Witbooi and Cheslynn Spannenberg appeared in a packed courtroom with Parkwood and Dunoon residents, along with family members seated side-by-side.
The minor who is accused of setting his pitbull on Mafalala will appear in court on August 23.
During proceedings, State advocate Kepler Uys informed the court that they were ready to proceed with the bail application, and explained the allegations that the accused acted in common purpose when Mafalala was killed.
“It will be the State’s allegations that the accused acted as a group of persons in the commission of the offence and therefore the bail application in the State’s opinion should be held under Schedule 6,” advocate Uys said.
This was accepted by the majority of the accused through their legal representation, however, Tifflon’s lawyer (who asked not to be named) said his client wanted to see a certificate from the Director of Public Prosecution’s office explaining the schedule.
The Parkwood 11 are charged with three counts of murder, robbery with aggravating circumstances and malicious injury to property, but the State has indicated that this would change at a later stage.
The matter was postponed to July 22 for the bail applications to start, and in concluding proceedings, Magistrate Goolam Bawa addressed Parkwood residents, noting their conduct since the outset of the matter.
“I have on more than one occasion asked the family members of the accused to behave themselves, and on more than one occasion they have done everything except that.
“I understand the tempers, I understand the emotions; that is not going to get us anywhere. If you’re going to misbehave then the court is forced - because of your behaviour - to start considering other options,” Bawa said.
He said residents would have to change their behaviour or he would be forced to exclude them from proceedings.
“I understand the public interest; there’s nothing wrong with that, but disrupting all the proceedings is not an option I am going to allow. The case is going to be postponed to consider how it is you are going to behave, or I have to decide things I do not want to decide.”