Mathibela was represented by Anneline van den Heever, who told the court her client wasn’t pleased with the numbers of policemen wearing balaclavas and carrying R5 firearms in court.
Van den Heever immediately tried to convince the court to ask the officers to leave the courtroom, saying they created a perception that her client was guilty and dangerous.
She said she believed their presence contravened Mathibela’s right to be presumed innocent until proven guilty.
Van den Heever then told the court that Mathibela had instructed her to also challenged his detention as unlawful, because he wasn’t arrested pursuant to the warrant of arrest.
In an affidavit, Mathibela said: “I have also instructed them (his lawyers) to challenge this as a matter or urgency and in this regard I refer to the notice of motion in this matter. I have been advised that for the reasons set out, my arrests and detention is unlawful and that it is for the State to justify and prove the legality of my arrest.”
However, the State ridiculed the claim, saying the SAPS was empowered to effect arrests by the legislation.
Today, the man dubbed Mamelodi’s ‘Number 1’ Tsotsi by Police Minister Bheki Cele will return to the dock alongside his alleged sidekicks, Elias Skhosana and Kompi Stemmer Monageng.
Mathibela was the latest suspect arrested in a police operation to hunt suspects involved in the ring accused of extortion and intimidation of business people and taxi operators in Mamelodi and Atteridgeville.
He handed himself in at the Germiston Police Station on Tuesday night after a warrant for his arrest was issued in Pretoria on Monday.
He will today make a joint bail application with Skhosana and Monageng, who were arrested last Friday in Pretoria East during a police operation.
Outside the court, the advocate for Gugu Ncube, who was arrested for public indecency after protesting naked at the Union Buildings, claimed charges against his client were nothing more than a delaying tactic to shift focus of the real issue.
Ncube was arrested after she went on a protest pleading to speak to President Cyril Ramaphosa to intervene in the “unfair and abusive treatment” she had allegedly received from Unisa and the police regarding her sexual abuse case.
She said the abuse took place when she was employed at the Unisa Centre for Early Childhood Education.
Advocate Rudzani Netshiavha, of Nefuri Attorneys Inc, said his client was being charged with public indecency, which did not, according to him, conform to the act. “Because university institutions have the financial muscle, they can continue to drag the matter until the complainant runs out of funds.”
He said this time, however, they were out of luck as the matter would reach its finality.
Netshiavha also criticised the manner in which his client was handled by the police as witnessed in videos circulated on social media platforms since Wednesday.
He described the manner in which she was handled as, extreme use of violence against an unarmed woman.
However, Sunnyside police spokesperson, Captain David Mavimbela, rubbished allegations of trauma being meted out to Ncube by her being treated any differently. He said Ncube she was kept in cells with other female offenders and had been released the same day.