Amcu members outside the Brits Magistrate's Court during the appearance of 13 men accused of plotting to kill union leaders in Marikana, Rustenburg in North West. Filed Photo

BRITS - Seven of the 13 men accused of plotting to kill Association of Mineworkers and Construction Union (Amcu) leaders in Marikana will apply for bail on new fact, the Brits Magistrate's Court heard on Thursday.

"We would like to apply to bring bail on new factors for accused 3, 4, 5, 6, 7, 8 and 9," advocate Katlego Magano told the court.

Prosecutor Cassius Mona told the court that the director of public prosecution had made a decision that the case would go trial in the High Court in Pretoria and an indictment was being prepared, this was contrary to a decision announced during the bail application that the matter would be trialled at the regional court.

During the bail hearing the defence wanted a new magistrate to be appointed to preside over the case or the case should be moved to the Pretoria North Magistrate's Court, but the director of public prosecution ruled that the case would not go to Pretoria North and it would be trial at the Brits Regional Court.

Magistrate Jethro Mosime was appointed to preside over the case.

The State alleges that Amcu expelled the accused following internal problems in the union, new leaders were appointed and the group were not happy that they had been kicked out of Amcu and hatched a plan to killed five identified leaders, who had the support of union members.

As part of the conspiracy to commit murder, Amcu branch chairman Malibongwe Mdazo was shot and wounded in Mooinooi outside Brits on July 22, 2017, in an attempt to kill him.

Nkosinathi Mantashe, Samkelo Mkhutshwa, Simphiwe Silwane, Lungisa Madiba, Juke Mjakane, Sthembe Jakane, Xolile Madikane, Mthethelethu Mtshukuka, Zamelekhaya Mboxela, Zithobile Mangqo, Bongile Cingo and Peterson Siyaya and Siyanda Siqina were arrested for allegedly plotting to kill Amcu leaders in Marikana near Rustenburg in North West on charges of conspiracy to murder and attempted murder.

Warrant Officer Johannes Montsho had told the court the men held several meetings at various places were it was agreed that they should hire hit men to kill the Amcu leaders.

He identified the leaders as Mdazo, Pule, Kwenene, Andile and Cindy. 

Mantashe, Mkhutshwa. Petersen and Siyanda are on bail while Zithobile Mangqo and Bongile Cingo were released on warning, their case was postponed to September 21 for indictment. The case against Simphiwe Silwane, Lungisa Madiba, Juke Mjakane, Sthembe Jakane, Xolile Madikane, Mthethelethu Mtshukuka, Zamelekhaya Mboxela was postponed to September 7 to enable them to apply for bail on new matters.

Amcu members filled the court room while others sang outside the court. The waved placards reading: "David and your team you will never kill this union".

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African News Agency (ANA)