Alleged toilet killers denied bail, may face another rape charge
TWO COUSINS accused of the rape and murder of 19-year-old Sinoxolo Mafevuka in March have been denied bail for fear they will interfere with witnesses and spark public disorder.
They also face a possible second rape charge being added, pending an identification parade by a victim who was taken to the Eastern Cape.
The case made headlines in March after the murder just days previously of 16- yearold Franziska Blöchliger in the Tokai Forest. A manhunt was launched and less than 36 hours later three people were detained, prompting comparisons which suggested the police response to Mafevuka’s murder had been less decisive.
In the latter case, the two male accused, aged 22 and 28, were arrested two weeks after Mafevuka’s body was found stuffed head first into a public toilet metres from her SST informal settlement home in Khayelitsha’s Town Two.
The court has ordered the identity of the two men may not be made public.
They both looked calm as they appeared before magistrate Xolani Menyiwe. Members of the SST informal settlement and Social Justice Coalition were in attendance, hoping to bring pressure to ensure the two did not get bail.
During proceedings the court heard the intervention of the accused’s aunt Zandiswa Mafilika had had a great impact on the bail decision.
Magistrate Menyiwe said yesterday the two cousins would not be granted bail for fear of “interference with witnesses who are known to the accused and their family”.
“One of the witnesses is a friend of the accused, while the other, the alleged second boyfriend of the deceased, is also known to the accused,” said Menyiwe.
The magistrate added he was not convinced the duo would adhere to their bail conditions if they were granted bail. “I am also worried about the disturbance of public order as I have seen in many instances where accused are released on bail and killed in areas where they again went back to commit further crimes.”
Investigating officer Butiki Tshabalala also presented to the court a rape case pending against the two accused.
Prosecutor Ndakhele Mlungwana asked the court to allow the men to be part of an ID parade as the alleged victim would be returning from the Eastern Cape.
Major General Johan Brandt told Weekend Argus after the judgment he was happy with the court’s decision as it “showed that the court took the the interests of the people of SST and Khayelitsha into consideration”.
“This also gives SAPS the opportunity to investigate further,” he added.
The SJC’s Nontembiso Kibi was also pleased, saying the decision would ensure there was no intimidation of witnesses, and the community would not take the law into their own hands.
The case was postponed to August 19, for a trial date.