Bail for 'vigilantes' accused of hacking suspected criminals to death

There was no clear role which of the 12 suspects allegedly played in last month's brutal hacking of five people in Bhambayi, north of Durban.

This was the finding by Ntuzuma magistrate Nkanyiso Madlala, who granted the men R5,000 bail each on Tuesday.

“Keeping someone in prison whose role is unknown can amount to injustice. I have suspects who don’t even know their role themselves and yet they are charged. They have a right to know,” said Madlala.

He said while they faced a serious charge that could result in their long-term imprisonment, there were exceptional circumstances which warranted their temporary release.

The hearing was preceded by a large gathering of Bhambayi residents who called for murder charges to be dropped against Aphelele Nhlanganiso, Qondokwakhe Jama, Linda Mthembu, Nkululeko Mhlalezulu, Sibonelo Ntshangase, Mmeli Makhubela, Sandiso Godagoda, Aphelele Hlongwa, Bongani Nkabinde, Sipho Manqele, Zanemvula Mlotshwa and Zolani Zide.

They face five counts of murder, six charges of kidnapping and one charge of attempted murder after the bodies of five alleged criminals were found hacked to death with a bush knife in Inanda on January 16. The murders were seen to be committed by vigilantes fed-up with ongoing rapes and robberies in the community.

On Monday the state called investigating officer Sgt Nhlanhla Mzimela to testify.

Mzimela told the court the state was opposing bail as some witnesses claimed to have received a threatening voice note from an unknown phone number.

Mzimela said the state was still not aware of the motive for the massacre.

On Thursday last week, prosecutor Anusha Govender said the state was no longer opposed to the suspects being released on bail as the investigating officer had profiled the suspects. “The witnesses have relocated. The suspects are not flight risks and the safety of the witnesses is not a concern,” said Govender.

This had lead to the suspects testifying in their defence.

Madlala said all the suspects had an alibi for the times of the killings.

“There is no evidence that suggests the person who sent a voice note was acting on behalf of the suspects even though Mzimela stated it could be one of them. It is baseless reasoning,” said Madlala.

Madlala said the court was still in the dark as go where the victims had been taken before their deaths.

“We have heard evidence that there was a mob of 100 people. How come its only these people who are arrested and appearing in court? There was also no information suggesting the applicants had fled,” said Madlala.

Madlala highlighted how Inanda continued to record high rates of robbery, murder and rape.

“The court is a mouthpiece of its jurisdiction. The case before me is unique in that often times you see people protesting for suspects not to be given bail but in this case there are calling for bail, There is nothing placed before me linking the suspects,” said Madlala.

He said the written statements were still outstanding from the state.

“Even though I know the community may feel safer when you are around it does not mean you should take the law onto your own hands,” he said.

As part of bail conditions the suspects were warned not to interfere with witnesses and to report to Inanda police station daily. 

The matter has been adjourned to March 27.

Another suspect, Elliot Mthokozisi Gumede, 50, made a first appearance in connection with the same incident. He was arrested in Bhambayi.

He has enlisted a private legal representative. His matter has been postponed to February 11.

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