Bail hearing of those accused of murdering e-hailing driver Abongile Mafalala postponed

The bail application of 11 men accused of murdering e-hailing driver Abongile Mafalala has been postponed by the Wynberg magistrate's court in Cape Town due to a dispute about the severity of the offence.

The state and most of the accused's attorneys were ready to proceed, but one argued it was only a schedule 5 offence.

Magistrate Goolam Bawa ruled that the state obtain a certificate from the director of public prosecutions confirming its level 6 status before the hearing could proceed.

In a schedule 5 offence, the defence must prove it is in the interests of justice for bail to be granted. However, with a schedule 6 offence “exceptional circumstances” have to be presented for the consideration and granting of bail. 

There was also concern among the defence that allowing the trial to be filmed by the media could prejudice the accused.

The matter will resume on July 22, when the schedule level is due to be confirmed and a ruling made on the case being filmed.

Magistrate Bawa also warned members of the public he would remove them if they disrupted proceedings.

“This is the last time I’m going to ask nicely,” he said.

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