Accused in Mpho Msauli case out on R5000 bail
Emotional scenes played outside the courtroom as the family of Msauli were outraged at the court’s decision.
The Protea Magistrate’s Court has granted bail to Eric Mlambo (40) who was arrested as an accomplice in the murder of 26-year-old Mpho Msauli last month.
Magistrate Mtimkhulu delivered her judgment on Monday, granting Mlambo bail of R5000. This follows hearing submissions from the defence and state who opposed the bail application.
During the reading of her judgment, Magistrate Mtimkhulu highlighted factors that permitted his release on bail.
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“From the affidavit of the Investigating Officer, the applicant upon being requested to hand himself over to the police, he did exactly that. To argue that the applicant is a flight risk and should not be granted bail in these circumstances is misplaced.
“This court finds that it was not established that the applicant is a flight risk.
There is no evidence presented suggesting that the applicant is prepared to become a fugitive of the law for the rest of his life,” she read.
She also said the applicant had no pending case nor previous convictions except for road traffic act related offenses. She also cited that there was no outstanding warrant in his name nor an SA passport.
“There is also no evidence before the court to demonstrate that the applicant has a disposition to commit offenses.”
The magistrate said the court could not place enormous weight only on one factor of the state’s argument of public order but needed to conduct proceedings impartially and fairly.
“It is for these reasons that the court finds that the applicant succeeded in proving that exceptional circumstances exist which in the justice permit his release on bail,” she continued.
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Emotional scenes played outside the courtroom as the family of Msauli were outraged at the court’s decision.
They vowed to not stop fighting for justice until the shooter was apprehended.
“I am not happy with the decision of the court. I had hoped that the magistrate being a woman would be stern in her judgment and rule against the bail, seeing that it is a woman who was killed. We are not happy because this man knows the killer, so we don’t know what he will do since he has gotten bail. We fear the case won’t go forward, and Mpho won’t get justice, but we won’t stop fighting for her,” said Sanele Dlamini, best friend to the deceased.
Residents also vowed to close down Mabalane, where the incident happened in order to prevent any taxis from operating.
Elizabeth Mabuso of Operation Dudula slammed the magistrate, describing the judgment as a failure to women.
“We will close down the roads in Phiri. We will sleep there if we have to, the people of the hostel can come and shoot us and kill us as they did Mpho.
“The Magistrate has no conscious as a mother and woman, how can she let this man go. She doesn’t know the pain of carrying a child and losing them to a senseless crime.”
The matter was remanded to September 5 for further investigations.
