DURBAN - Further investigations were expected to continue as four of the five men charged with the alleged construction site takeover at the Durban High Court were out on bail.
A Nkandla warrant of arrest stood in the way of the fifth man’s bail bid.
It is alleged that on February 1, Phelelani Mhlongo, 22, Sandile Dludla, 28, Khayelihle Nzuza, 29, Nduduzo Msezane, 36, and Khayelihle Gcaba, 34, said to be linked to a “construction Mafia”, were apprehended at the construction site on Margaret Mncadi Avenue.
Mhlongo, Dludla, Nzuza and Msezane, were granted bail of R5 000 each while Gcaba could not proceed with his bail application due to a warrant of arrest allegedly issued for him in Nkandla.
Previously, the court heard that Gcaba had a pending case of carrying an unlicensed firearm.
On Friday at the Durban Magistrate’s Court after granting the men bail, Magistrate Vanitha Armu deferred the matter until April 20 for further investigation.
Appearing for the fourth time the men through their attorney, denied committing any of the crimes they are charged with. These include intimidation, public violence, violation of the Private Security Industry Regulatory Authority Act, damaging the high court’s main gate, and for allegedly threatening to kill construction workers on the job.
Defence attorney Melusi Xulu handed in four affidavits to the court, as the prosecution submitted the investigation officer’s affidavit for purposes of bail application.
During the hearing, Xulu, argued that the men were not involved in the construction invasion, but had acted upon the instructions of a security company, LK Security Solutions, to work at the Durban High Court.
“Our instruction is that there was no takeover but our clients went to the Durban High Court site to work based on instructions from LK Security Solutions. LK Security was in discussion with Enzo Construction to work on the site and to share with Vela Security.
“The armed men who came to disrupt work have nothing to do with our clients. This is why we submitted a letter to the court to show there was a working arrangement. Obviously, our clients would know nothing about contracts as their duty is to work as instructed.”
In their written affidavits, the men declared they did not have prior convictions or pending cases. They told the court that it would not be in the interests of justice to keep them in custody pending the outcome of the matter.
Msezane, however, claimed that notwithstanding the court’s previous declaration, he had never been convicted of gender-based violence.
The State opposed the bail application on condition that the men would disturb public peace and be a flight risk. The accused denied this, and said they would not evade justice.
Daily News