Mixed reactions to Wits cops’ bail success

Wits University SRC president Mpendulo Mfeka was yesterday deeply disappointed after the four officers accused of Mthokozisi Ntumba’s murder were granted bail.

The 35-year-old civil servant and father died after allegedly being shot with rubber bullets during student protests this month. He was caught in the crossfire during running battles between police and the students, while he was leaving his doctor’s rooms.

The four officers – constable Tshepiso Kekana; sergeants Boitumelo Motseothata and Madimetja Legodi; and warrant officer Victor Nkosinathi Mohammed– are facing one count of murder, three counts of attempted murder and one count of defeating the ends of justice.

They were granted bail of R8 000 each at the Johannesburg Magistrate’s Court.

“It’s very disappointing,” Mfeka said, adding that he and his acolytes were now concerned for their safety.

Meanwhile, the SA Police Union (Sapu) has welcomed the outcome. Head of Sapu’s Johannesburg operations, Dorothy Sithole, yesterday said the bail amount was “too much” but was happy overall that the application had been successful.

“I’m so relieved for their families. They’ve had many sleepless nights. We need to understand that these police officers have got families and children,” he said.

Magistrate Sipho Sibanyoni yesterday emphasised that the purpose of bail was to secure the attendance of the accused at trial.

“During bail proceedings, the court does not decide on the question of guilt,” he said.

He pointed to the state’s submission during arguments on Wednesday that the accused’s release on bail would result in public outcry.

“However, these statements – made from the bar and without any back up in the form of evidence, either by way of affidavits or oral evidence – do not carry weight,” he said.

Sibanyoni found the accused were not flight risks and that there was no concrete evidence indicating they would threaten or intimidate witnesses.

He, however, attached conditions to their bail. They were barred from threatening, intimidating or making contact with any of the state’s witnesses.

They were barred from applying for passports until the case was finalised. The case is back in court in May.

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