Manqele gets bail with strict conditions

Randburg Magistrates’ Court heard the bail application of Sindiswe Manqele and the date of the postponement of the case on 10 December.

Manqele was found guilty on 9 December by Judge Solly Sithole of murdering her boyfriend Nkululeko ‘Flabba’ Habedi on 9 March. The court found that she had exceeded the limits of private-defence.

After spending her first night in custody as a convicted murderer, the case will be postponed to 9 and 10 March 2016 for sentencing. Judge Sithole instructed both counsel to be prepared on those dates to argue mitigation and aggravation.

Defence Advocate Norman Makhubela read out Manqele’s affidavit for her bail application.

He indicated that her previous bail application is proof that she is not a flight risk and adhered to all bail conditions. She has been taking tranquilisers due to the stress of the trial and is under the supervision of a family doctor. Also, that Manqele felt that correctional service would not be able to deal with her needs. She has the house of her parents and its contents in Kempton Park.

Judge Sithole noted, “She is no longer having the same circumstances since her last application due to her father’s death three weeks ago.” Adv Makhubela added that she would report to the Kempton Park Police Station and her passport will remain out of her possession at the Midrand Police Station.

State Advocate Paul Schutter said it is the responsibility of the convicted to provide evidence that the bail application should be accepted. He argued that Manqele cannot submit that the State prison hospital in unequipped to deal with her medical condition. She has not stated why counselling or medication cannot be provided for her by the State.

Adv Schutter added that it can’t be true that she cannot consult with her legal counsel while in custody.

Judge Sithole summed the State’s opposition to be because the bail would not be in the interests of Justice.

After having heard argument from both counsel, Judge Sithole stated ,“I am convinced that over and above the bail conditions that were set earlier, if a few other conditions can be added, then she deserves the chance to have bail granted.”

The judge added three more conditions:

• A further R5 000 will be added to her present R10 000 bail, hence R15 000 in total
• She is not permitted to leave her residential premises in Kempton Park without permission of the Investigating Officer
• She will be fitted with and wearing a monitoring bracelet.

Judge Sithole also instructed Manqele to report to the Midrand Police Station every Monday and Friday until her next court appearance in March.