Roedolf Viviers and Zain Van Tonder consult with their lawyer Sakkie Smith at Krugersdorp Magistrate's Court. File photo: Bongiwe Mchunu

Krugersdorp -

The Krugersdorp Magistrate's Court is expected to rule on Tuesday whether to grant an application for bail by Roedolf Viviers, who is accused of murdering a Muslim man.

Viviers and another man, Zayne van Tonder, 33, allegedly insulted Muhammad Fayaaz Kazi and his friend Anser Mahmood about their beards at a Chicken Licken outlet in Magaliesburg on August 6, 2012.

An argument and a fight ensued in which Kazi was severely beaten. He died in hospital.

Charges against Van Tonder were later dropped and he was released.

On Tuesday, Viviers's lawyer Jack Gerber argued that there was no legitimate public outcry against his release on bail.

He said only a handful of family and friends had attended the court proceedings since Viviers's first appearance last year.

“An expression of anger by family and friends does not equal a public outcry,” said Gerber.

“The alleged incident happened in Magaliesburg, and not in Lenasia, where most family and friends (of the deceased) reside.”

State prosecutor Leisha Surrendra, who has opposed the granting of bail, told the court Viviers was not employed and that he did not have a fixed residential address.

“The State has a strong case against the accused. The defence created an impression that there were job opportunities for him and (he) therefore must be granted bail.”

Surrendra submitted that Viviers was aggressive, and had displayed a high degree of violence against Kazi. - Sapa