Two of Sithole’s alleged killers denied bail
TWO OF the four people accused of killing Mozambican hawker Emmanuel Sithole were denied bail in the Alexandra Magistrate’s Court yesterday.
Magistrate Syta Prinsloo said Sizwe Mngomezulu and Sifundo Mzimela, both 21, were a flight risk and would disturb the peace in Alexandra where the situation remained volatile.
“There were protests and outrage by the community for what they allegedly did,” she said.
Prinsloo said the court must take into account the xenophobic attacks that were taking place at the time. The deceased was a Mozambican citizen and the violence aimed at him was not an isolated incident… There were various attacks on foreign nationals.”
She added that the two were also likely to intimidate the State witness because they knew the witness’s address.
Last week, defence attorney Vhonani Matshid-za argued that the two could not be directly linked to Sithole’s murder and were not a danger to society.
“They will plead to charges of assault, but they did not murder the deceased… They have never been accused of any violence before this,” Matshidza said.
The State asked that bail not be granted because the two could intimidate witnesses and be a threat to others. It said the accused were flight risks because they lived in shacks and “it’s easy to move around”.
“Extraordinary measures must be taken as this is an extraordinary case,” said prosecutor Jacob Tloubatla. The prosecution said they were safer in custody because angry residents could attack them.
“They are not welcome in the Alex community,” Tloubatla said. During the proceedings last week, the State withdrew charges against the third suspect in the case as it was found he was a minor.
The 17-year-old had told police he was 18 when he was arrested. He will remain in police custody until a date for a preliminary inquiry has been set.
Mthinto Bhengu, the man accused of stabbing Sithole, did not apply for bail but was present at the hearing yesterday.
More details of Sithole’s murder were revealed during the bail hearing last week when investigating officer Constable Bheki Mhlongo testified about the events on April 18.
Mhlongo told the court that there had been two altercations between Sithole and the four men.
“The third accused (the minor) stole cigarettes from the deceased’s street shop, where he sold sweets and cigarettes.”
Sithole followed the accused demanding payment, and the other three then surrounded and accosted him. Sithole had tried to run away, but Mzimela had caught up with him and pulled
They are not welcome in the Alex community
out a wrench and had hit him on the back.
Mzimela’s uncle and mother turned him over to the police after finding out about what he had allegedly done.
Sithole’s stepmother, Mamo- betsi Mofokeng, told The Star she was relieved. “Wow I’m happy. They don’t deserve to go free. Justice must be served.”
The suspects will remain in custody until May 27 when a trial date is expected to be set.