These are trumped up charges, ‘No. 1 Tsotsi’ Mathibela’s defence tells court

An urgent application to regard Mathibela's arrest unlawful was accepted by the High Court in Pretoria yesterday.


The charges against Vusi “Khekhe” Mathibela and his co-accused, Elias Skhosana and Stemer Monageng, were “trumped up” as the amounts they were accused of extorting were contradictory, their attorney told the court yesterday.

They appeared again yesterday in the Pretoria Magistrate’s Court for an ongoing bail hearing. They are accused of extorting money and intimidating businesses and taxi owners in Mamelodi, the township northeast of Pretoria.

According to the charge sheet, read by the state prosecutor earlier this week, the trio are facing schedule five charges as the amount they allegedly extorted was just over R600 000.

But according to the investigating officer, who also testified yesterday, the accused actually demanded millions in exchange to protect the development of the Denneboom Mall in Mamelodi.

Investigating officer Vongani Shihangule said: “I’d say millions. They were demanding R2 million a month for protecting the project. They also wanted another 30% [of the contract] which we haven’t calculated yet.”

He said witnesses have also accused Monageng of getting contracts for his security company through intimidation.

“The case is serious. The [developers] might be losing more money than the initial amount allocated for the project,” he said.

But it appeared the amounts were just made up by the state, said Monageng’s attorney Mpesi Makhanya.

“These are trumped up charges as the charge sheet and the investigating officer have different amounts …

“No one in the community has complained about these people because they represent them. We are given a picture that Monageng is terrorising the community, but that hasn’t been substantiated.”

Shihangule said Skhosana, who is the spokesperson for Mathibela, was previously interdicted by the court from intimidating staff members and contractors during the construction of the Denneboom Mall.

“There was a case opened,” he said. “It was against [Skhosana] but due to the evidence, he was not arrested. But a court order strictly states he must not go anywhere near the mall or the people… There is new evidence regarding this case. There are people willing to come forward to give statements.”

Shihangule opposed bail of the two accused, stating that witnesses still felt intimidated while the extorted deals were still standing.

However Mathibela, known as “Number 1 Tsotsi”, had abandoned bail, as an urgent application to regard his arrest unlawful was accepted by the High Court in Pretoria yesterday.

According to his defence, his arrest was unlawful as the arrest warrant against him was not presented when he handed himself over. The court was to decide on a date for the urgent application.

Mathibela was also on bail as he was one of the four suspects accused of killing North West businessperson Wandile Bozwana.

rorisangk@citizen.co.za

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