Fears for acused’s mom
Three men who initially decided to abandon their right to apply for bail in the Grahamstown Magistrate’s Court earlier this week in connection with the gruesome murder of a 29-year-old Grahamstown man, Thembelani Qwakanisa, have changed their minds.
Despite this sudden turnabout, the three men will have to spend the rest of the week in custody before they can apply for bail.
Rhodes University student Thembani Onceya, 28, was the only one of the five accused who initially opted to apply for bail.
However, his attorney Basil Williams asked for a postponement until Monday, 24 October to allow the defence enough time to gather evidence to present during Onceya’s bail application. Williams said the defence would be in a better position to move forward with the bail application once that information had been gathered.
In a surprising twist, Akhona Onceya, 28, Simamkele Onceya, 22 and Mzwanele Mali, 25, who had initially waived their right to apply for bail, changed their tune in court on Wednesday, saying they would like to apply for bail.
Meanwhile, advocate Matthew Mpahlwa asked the court to issue an order to send his client Siviwe Gqotholo, 29, to the medical wing of the Waainek prison while awaiting the bail hearing.
This after he had on Monday asked Photo: Anele Mjekula the court to refer Gqotholo to the district surgeon for a pre-assessment of his mental state.
In an application presented by Mpahlwa to the court on Monday, the defence stated that Gqotholo was not capable of understanding the proceedings in order to make a proper defence, adding that there was prima facie evidence that he suffers from mental illness.
On Monday, Mpahlwa invited the court to refer his client for mental observation, citing that Gqotholo was a well-known patient at the local psychiatric hospital. Mpahlwa told the court that his client had been receiving medication from Fort England Hospital.
He said Gqotholo’s doctor had confirmed that he was a well-known patient at the hospital.
Mpahlwa told the court that Gqotholo had been admitted to the hospital and later became an outpatient. He said because of his condition they were unable to solicit a sworn affidavit from him.
In a letter, dated 14 October, submitted as part of Mpahlwa’s application on Monday, psychiatrist Dr H Jordaan confirmed that Gqotholo is a well-known psychiatric patient at Fort England Hospital with multiple admissions between 2009 and 2014. Jordaan added that Gqotholo was transferred to Tower Psychiatric Hospital in Fort Beaufort in 2014.
After the court appearance of the five men on Monday, it emerged that Onceya’s mother’s life could be in danger and residents called for her removal from her Extension 9 house for safety reasons.
Residents of the area went to the Joza Police station on Monday afternoon to meet with police to discuss the safety of Onceya’s mother.
The residents said they were concerned that the life of the elderly woman was in danger because people were angered by the manner of Qwakanisa’s death.
Details of the Extension 6 man’s alleged torture, as well as photographs of his mutilated body, have reportedly been widely shared.
It is alleged that Qwakanisa was accused of stealing a laptop, was tortured and died and that his body was dumped in Zion Dam in Extension 6.
Local Community Policing Forum Chairperson Nozukile Stof said in the meeting they agreed with Onceya’s family that the mother should leave her house.
On their return from the police station, the community members went on to meet in the Extension 9 community hall and informed others of the decision.
“We are concerned that she could be attacked and we don’t want that to happen because fingers would be pointed at us people who have been protesting for the accused not to be granted bail.”
Speaking to Grocott’s Mail yesterday Stof said she had heard that Onceya’s mother has left the her house.
“But I didn’t go there, I only heard from community members that she has moved somewhere else. They were seen taking their belongings and leaving the house. When I was passing there recently I saw that the flats have been demolished. But it is allegedly the family that demolished the flats,” said Stof.
Meanwhile drama unfolded in court on Monday as members of the public who had packed the court room to listen to the case were removed from the courtroom after a phone rang while court was in session.
Magistrate Ntsoki Moni instructed court orderlies to remove everyone from the court room.
It was in the empty court room where Akhona Onceya, Simamkele Onceya and Mzwanele Mali told Moni that they had decided not to apply for bail.
Meanwhile Onceya, who is a registered student at Rhodes University, seemed to be concerned about his studies during his court appearance on Monday.
When his lawyer did not show up in court he opted for a legal aid lawyer, saying he would take any lawyer who was available because he needed to prepare for exams.
However, Onceya’s bail application couldn’t proceed because it emerged in court that his family had not yet paid his private attorney.
He then applied for legal aid and the bail application was postponed to Wednesday.
The case was postponed to Monday for a formal bail application. Moni ordered that Gqotholo undergo a mental assessment process.