DURBAN - Social justice and independent community activist Vanessa Burger was astounded at the court’s decision to grant bail to the three men implicated in the murder of ANC councillor Sindiso Magaqa.
Magaqa was the former ANC Youth League (ANCYL) secretary-general. He was shot while parking his Mercedes Benz in his home in uMzimkhulu after attending a meeting in July 2017. Two others who were with him survived the shooting. Magaqa died in hospital in September 2017.
The accused are former police officer Sibonelo Myeza, businessman Mbulelo Mpofana and Mlungisi Ncalane. They were granted R5 000 bail each by Ixopo Magistrate’s Court in KwaZulu-Natal on Tuesday.
The three men were arrested on March 17, 2018 and awaiting trial. Their bail application in May 2019 was unsuccessful. The trial has been set for July 18 in the Pietermaritzburg High Court.
In an opinion piece Burger, who shot into prominence for demanding that police arrest the perpetrators of violence in Glebelands hostel in Durban, described the release of suspects as even more astounding after their bail application was not opposed by the State.
“Why, after having been repeatedly denied bail since their arrest on 17 March 2018 have they now been released? What has changed since bail was last refused in May 2019?
She said to qualify for bail in a murder case the accused must first prove “exceptional circumstances” – bail is not a right, but a privilege when charges are this serious. “What, if any, ‘exceptional circumstances' and ’new facts’ have the accused managed to scrape together to warrant their release now, and for such a paltry sum?”
“Yes, the case has been delayed and justice delayed is justice denied. But the delays have mostly resulted from the accused’s own actions, changing lawyers for example, while delays wrought by the Covid-19 pandemic, although impacting severely on the already overburdened justice system, can hardly justify the release into society of allegedly dangerous killers,” asked Burger.
She further questioned the timing of the release of the accused particularly when the province was on a knife edge following the failure of former president Jacob Zuma’s umpteenth bid to wriggle out of his corruption case, and when the ANC was holding elective conferences in many of its most volatile regions, adding the court action begged more questions than answers.
She also questioned the moving of the bail hearing from the original court where it was previously denied, saying in the event of an appeal being made after bail is refused, the appeal must be heard by the same court that denied the initial application; in this case which was uMzimkulu Magistrate’s Court.
She said it seemed however that the fresh bail application was moved to the Ixopo Magistrate’s Court because the earlier magistrate feared for his life and argued that If a magistrate feared for his life, how fearful then were the witnesses, whistle blowers and Magaqa’s family members who had risked all to ensure justice in this matter?
“Does their safety not count? Were they consulted or even notified of the impending threat to their safety presented by this latest bail application? And would not the fears of a magistrate weigh heavily against the granting of the accused’s bail application? And why was the Ixopo Magistrate’s Court specifically selected to hear this application? ”
Burger questioned if there were sufficient security concerns to warrant the original magistrate’s recusal.
“Then surely the matter would have been best heard at a court far removed from the scene of the crime? Ixopo is, after all, a mere 20km from Umzimkulu”
Last year there were reports that implicated police crime intelligence in Magaqa’s murder. Magaqa was vocal about alleged corruption that was taking place in Umzimkhulu Local Municipality where he was councillor of which his death was linked to. He was also being touted for deputy secretary in the slate that wanted the current Harry Gwala regional chairperson Zamo Nxumalo which eventually won in the 2018 conference.
Daily News