Vlakfontein murder accused to stay behind bars until next court date

The case against the sole surviving suspect in the brutal murder of seven family members in Vlakfontein, south of Johannesburg, has been postponed to May 7.

Fita Khupe, 61, appeared in the Lenasia Magistrate's Court on Tuesday. His case was transferred there from the Protea Magistrate’s Court, where he had earlier failed to secure bail.

The court heard that the seven murder charges and three rape charges against now dead co-accused Ernest Mabaso were yet to be withdrawn.

Mabaso's legal aid lawyer, Makau Sekgatja, told the court: "I spoke to [Mabaso's family] and they have confirmed that they have received his body and have since buried him. They have requested that I withdraw from the matter."

Prosecutor Tumi Maunye said he was not sure if Sekgatja could withdraw, saying he needed first to get direction from the director of public prosecutions.

Maunye said a decision needed to be made on whether the matter would be transferred to the high court or remain in the magistrate's court. A third option was that the case against Khupe could be withdrawn.

Commenting on Sekgatja's future in the case, magistrate Maggie van der Merwe said she was excusing him from proceedings, saying the charges against Mabaso could be withdrawn in absentia.

Maunye said the investigation was yet to be completed and requested a postponement to May 7.

Mabaso died from an apparent suicide in a Cape Town police holding cell. According to his death certificate, he was found hanging from shoelaces.

The 27-year-old had been transported to Cape Town to collect evidence, which he said would prove his claims that Khupe was the mastermind behind the killings, despite him having admitted to carrying them out.

Mabaso had infiltrated the Khoza family under the guise of being a lost-long relative.