Mathibela, dubbed Mamelodi Number 1 Tsotsi, was arrested last month together with fellow businessmen Elias Skhosana and Stemer Monageng for alleged extortion and intimidating Mamelodi businesspeople and taxi operators.
However, in a twist of events, he instructed his legal team of advocate Annelise van den Heever, Solomon Mkhabela and Mpesi Mkhanya to abandon his bail bid and make an urgent application to have his arrest declared unlawful and set aside.
His team argued against the arrest at the Palace of Justice last Friday.
After a long day in court, the magistrate instructed the defence and State that the court would take time to go through the arguments and then issue judgment.
The matter was then dismissed.
instructing attorney Mkhabela said the court’s decision to dismiss the motion left them stunned because they were waiting for a judgment, not an order on the motion.
“We are still surprised by the order because all we were waiting for was a judgment. We have not been given the reasons for the order to dismiss the motion, but we will try to find out what happened.
“We will only know the way forward by Monday, after engaging our client and taking instructions. For now we are also still seeking reasons for this order so that we may report to our client.
“He may then decide if he wants to challenge the order through other legal remedies but that’s something we are still going to find out,” said Mkhabela.
He said Mathibela would also give instructions if his team should resume his bail application on April 26 when he returned to court.
Mathibela was out on bail for his alleged involvement in the murder of businessman Wandile Bozwana, when he was arrested.
In fact, the State wants the high court to revoke his bail for contravening the conditions.
Meanwhile, the police welcomed the court’s decision to dismiss Mathibela’s motion with costs.
Minister of Police Bheki Cele and national police commissioner General Khehla Sitole were respondents in the motion.