Men accused of being part of a syndicate conducting mall robberies in Gauteng were denied bail at the Randburg Magistrates’ Court.
On 7 December, Regional Magistrate Gayle Pretorius handed down judgment in the formal bail application for three of the six men. Raymond Sibanyoni, Nelson Malesa and Lethabo Sheshingwani were denied bail. The other three accused, Nkosinathi Masoa, Simphiwe Madonsela and Thokozani Sibanda, abandoned their bail applications.
The magistrate told the accused that the state has a prima facie case against them and that they definitely have a case to answer to.
The six were arrested at the end of September following a joint intelligence operation that allegedly foiled a plot to rob a cellphone store in Fourways Mall.
The men have been charged with conspiracy to commit a robbery with aggravating circumstances, possession of unlicensed firearms and possession of prohibited firearms.
She pointed out that there could be a possibility that the accused may have access to certain police facilities that could interfere with investigations and undermine the criminal justice system.
Pretorius also pointed out that there is a strong possibility that one of the accused, Sibanyoni, might try to interfere with witnesses, as he knows the security personnel who arrested him.
Sibanyoni was arrested at Fourways Mall by the mall security guards on suspicion that he was a shoplifter. After searching him, the security found a 9mm pistol in his possession and it was later found that he had another gun hidden between his legs.
“Your version is that you went to Fourways Mall for shopping. What kind of person goes to the mall for shopping with firearms and no licence to possess those firearms – with [the] serial number removed,” said Pretorius who pointed out that it shows the accused had ulterior motives.
She also said it shows that the accused had the resources to obtain unlicensed firearms.
Pretorius said she could not take the chance to release the trio on bail. She said there was no doubt that what is before the court was a syndicate, specialising in armed robberies. “The 2017 crime stats are very disturbing. Gauteng is now known as the robbery capital of South Africa. Armed robberies happen up to an hourly basis in the province.”
She told the accused that they had a carefully planned and premeditated offence, adding that things might go wrong with a robbery. “Innocent bystanders may get hurt.”
The magistrate told the accused that they didn’t approach the court in good faith and confidence. She pointed out that two of the applicants, Nelson Malesa and Lethabo Sheshingwani tried to act as caring fathers and family people but said the evidence presented in court contradicted this.
Pretorious labelled Sibanyoni, the other applicant, as an untrustworthy person who had a total disregard for the law. “The accused is trying to create an impression that it is okay to be arrested.”
Sibanyoni is on parole for a rape conviction, kidnapping and pointing what looked like a firearm at a victim. He also has a pending case in the Pretoria Magistrates’ Court for possession of a suspected stolen vehicle.
The magistrate said the defence failed to contest the evidence brought by the state, which includes the facts that the vehicle they were travelling in had false number plates and that they were in possession of illegal firearms.
The case against the six was postponed to 28 February pending further investigations.
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