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 facts, the Brits Magistrate’s Court heard today.
“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 prosecutions 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 prosecutions ruled that the case would not go to Pretoria North and it would go on 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. They allegedly hatched a plan to kill five identified leaders, who had the support of union members.
As part of the conspiracy to commit murder, Amcu branch chairperson 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 on charges of conspiracy to murder and attempted murder, for allegedly plotting to kill Amcu leaders in Marikana near Rustenburg in North West.
Warrant Officer Johannes Montsho had told the court the men held several meetings at various places where it was agreed that they should hire hitmen 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, and 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 courtroom while others sang outside the court. They waved placards reading: “David and your team you will never kill this union”.
– African News Agency (ANA)