ANC muders: Bail application postponed to June
During proceedings, the defense submitted an application for the state to reveal some of the evidence against the four accused to the court.
MOKOPANE – The Mokopane Magistrate’s Court on Thursday dismissed an application by the defence team of the four accused of murdering ANC members Ralph Kanyane (32) and Vaaltyn Kekana (54), for the state to reveal some of the evidence against them to the court.
The state argued that this might pose a danger to the safety of the witness while other evidence is not relevant to the applicants but rather to the other accused.
Read more: VIDEO: Hundreds march against bail for ANC double murder accused
Kanyane and Kekana were killed after it was believed they wanted to expose tender fraud within the Mogalakwena Municipality. They were seated in a vehicle when they were shot at point-blank range by an unknown assailant on July 23, 2019 in Pretorius Street.
During proceedings, the state added that according to the criminal act, an accused does not have the right to the SAPS docket for their bail application unless the prosecutor states otherwise and that this evidence will only be revealed during the trial.
The defense requested that the matter be sent for jurisdiction review as they feel it is a vital aspect in their application, which will be submitted to the high court to make a final judgement.
The case has been postponed to June 3 pending the outcome of the review. Should the outcome not be finalised by the time, the case will be postponed by another seven days until the outcome of the review is available.
Read more: Bail application for Kanyane and Kekana murders postponed
The first accused, Samuel Mokonyane, faces charges of conspiracy to commit a crime, two counts of murder, the unlawful possession of a firearm as well as the unlawful possession of ammunition.
Jabu Mashamaite, Mswazi Chuma and Frans Monyadi face charges of conspiracy to commit a crime as well as two counts of murder
Mokonyane and Monyadi abandoned their bail application, while Mashamaite and Chuma claimed they are businessmen with responsibilities and that their families and employees need their financial support.
Bail was opposed as the state reminded the court of the severity of the charges – a category six offence.
On Tuesday, Mankweng SAPS detective commander Col Mohammed Wahab testified that the state has a strong case against the accused and that the matter is ready to go to trial.
He added that bail should not be granted as the accused know the witnesses, and that the accused’s release might lead to intimidation and threats.
Wahab reminded the court of the several protests by angry residents who raised their voices against the murders. He added that should the court decide to grant bail, it will undermine the justice system.
Mashamaite’s legal representative, Ngwako Seabela, claimed that his client had no previous convictions and was not a violent man.
He added that Mashamaite is the founder of the Jabu Mashamaite Foundation, a non-profitable organisation that lends a helping hand to disabled residents, orphans and feeding the poor.
Seabela explained that Mashamaite has always cooperated with the investigation and that should he be released on bail, it would be no different.
Community role players and residents gathered outside the court with some demanding that bail must be denied and that justice should be served, while one group showed their support for the accused to be released on bail.
