One of the eight suspects was given bail while another fights for his life in hospital after the shootout that took place in Ga-Nala.
Seven of the eight suspects arrested after the shootout in Ga-Nala, appeared in the Kriel Magistrate Court on Friday, September 2.
Mr Robert Makabathi, the eighth accused, walked into the court on crutches. His foot bound and bandaged, he stood alongside his fellow accused – he was given a chair to sit on as proceedings started. Ms Ansie Venter, senior State Prosecutor, requested that a medical certificate be provided to the state for Mr Eddy Kekana’s absence due to him being hospitalised, she then proceeded to read an affidavit as part of the prosecution’s opposition to bail.
The eight accused – Messrs December Nkosi, Sam Masina, Collen Mabuza, John Rahube, Wellington Cenenda, Sipho Mahlangu, Eddy Kekana and Robert Makabathi face numerous charges, namely murder, attempted murder, theft of motor vehicle, two counts of armed robbery of motor vehicle, possession of prohibited firearms – namely an R5 rifle, an AK47, and three R4 rifles, possession of an unlicensed firearm – a Dashprot semi automatic rifle, possession of unlicensed ammunition, possession of explosives – 3.77kg of commercial explosives and eight detonators, and malicious damage to property.
The affidavit read that a total of 263 bullet casings were collected on the scene of the shooting that took place on July 31, these casings included that of fully automatic rifles, semi-automatic and handguns. Additionally seven bullet proof vests were recovered.
The shoot out and escape of the suspects is believed to have been captured on CCTV footage which may link the suspects to the various charges, in addition there are a number of residue, DNA and fingerprint tests that may link the suspects to the shooting.
Venter made mention of the fact that at least 134 cash in transit heists have taken place in South Africa alone since the start of January this year.
In raising their argument that their clients receive bail, the attorneys stated and argued that police used deadly force without reason and that they operated without following procedure. In another appeal the state was asked to provide substantial proof that the accused was seen in video footage.
The accused were dealt with individually, Mabuza was granted bail of R6 000 as the state declared that they do not oppose his bail application as he has no pending cases, or previous convictions against him.
Nkosi is believed to have committed the crime while out on bail in regards to the SBV robbery of April 2014, he was also previously convicted of six charges of armed robbery in Carltonville cases.
The remaining suspects were taken back into custody with the case being postponed to September 16, for the ruling on the remaining seven suspects’ bail applications.
Kekana is expected to remain in hospital for some time as he suffered severe injury to his abdomen.
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