The court ruled that William Nyenyane, 29, did not provide compelling or exceptional circumstances to be granted bail.
“The applicant indicated that he is married to two wives, has three children with one wife and one child with the other wife. He is employed as a machine operator at Hossy shaft and earns approximately R10 000 per month. This seems to be exceptional, however we have people appearing in this court who are employed and have children …What makes the applicant’s circumstances different?” magistrate Reagan Rosenberg asked.
“The applicant failed to provide exceptional circumstances, bail is denied.”
The case was postponed to November 7.
Nyenyane claims the police pointed their firearms at him, handcuffed him, ordered him to lie on the floor and then trampled on his head when he was arrested at Hossy shaft at Lonmin mine in Bapong on January 6. He claims they later planted the gun on him.
Defence lawyer Andries Nkome said Nyenyane was charged with the possession of an unlicensed firearm and ammunition and appeared in the Bafokeng Magistrates’ Court in Tlhabane, where the charges were dropped.
“We do not know why is he being again charged …”
But prosecutor Cassius Mona told the court the state has a strong case against the accused.
“It is strange that the applicant did not see or feel when the firearm was planted on him. The accused is in custody, on a more serious charge of murder …”
Nkome said they were waiting for a date to appeal against the Rustenburg court decision to refuse bail.
“We are waiting for a date to appeal the decision. Out of 14, accused five, Napoleon Webster was granted bail after appealing against the decision, the other accused denied bail did not appeal with him because they do not have money to do so. The rest of the other accused were granted bail.”
Nyenyane is one of 14 Marikana men accused of hacking Sabata Petrus Chale to death in Marikana.
The state alleges Aubrey Seitsang, Sibonile Sobopha, Mdlondozi Fundiwo, Herbert Baqhesi, Forum 4 Service Delivery councillor Napoleon Webster, William Nyenyane, Aphndile Pungone, Samson Gqwetani, Gift Luveli, Nkululeko Msithwa, Nkosindiphile Nziyose, Luvo Soyizwaphi, Sivuyile Qasha and Mzolisi Mbulana hacked Sabata Petros Chale, 39, to death in Marikana West, on December 8, 2016, allegedly over the allocation of low cost (RDP) houses at Marikana West Extension 2.
They are due to appear in the North West High Court in Mogwase on December 8 for a pre-trial conference.