New magistrate for Molosi trial
The courtroom at the Knysna Magistrate's Court was packed on Thursday 23 August as concerned members of the public and ANC supporters crammed into seats and aisles like sardines hoping to see the four accused in the Victor Molosi murder case be denied bail, in accordance with a petition handed to the head control prosecutor of Knysna earlier that morning.
In a dramatic turn of events, the presiding magistrate recused herself from the case before proceedings commenced, and later on, rumours that one of the accused - Knysna councillor Velile Waxa - was admitted to hospital after his appearance on the stand added to the drama. The mood in court was calm, as was the chanting and singing crowd outside, while the bail hearing of Mawande Makhala, Vela Dumile, Waxa and Knysna Taxi Forum secretary Mandla Tyololo was postponed to 12 and 18 September.
The four suspects will remain in police custody until their next appearance. Makhala, Dumile and Waxa stand accused of premeditated murder, while Tyololo is up for conspiracy to commit murder.
The reason for the postponement was multifaceted. Firstly, magistrate Zukiswa Hans, who was not present, was reportedly forced to recuse herself from the case.
According to information supplied by an anonymous source close to the case, this was due to Hans’ involvement in the Molosi funeral proceedings where she delivered a tribute to the man. The name of the new presiding magistrate was not announced.
Another reason was that Dumile had requested the replacement of his legal aid lawyer with a lawyer of his own choosing. This lawyer, who has not been named, would have to appear before the court today, 30 August, to be officially placed on record.
MP Heyns, prosecutor with the National Prosecuting Authority (NPA) in George, indicated he would not be available for the bail hearings on 12 and 18 September, but confirmed that the NPA would send an alternative prosecutor in his stead.
The media was again warned that no photos of the accused may be taken or published as it could prove detrimental to the case.
In their petition for no bail - which was accepted and signed for by head control prosecutor in Knysna, Johan Engelbrecht the ANC stated that the party believes the release of the accused would disturb public order by undermining public peace and security.
“It will be viewed as jeopardising public confidence in the criminal justice system,” the petition read.
Petition for no bail
Furthermore, according to the petition, ANC councillors and the community are living in fear of their lives, and also fear intimidation should the accused be released especially regarding potential witnesses. The ANC in its petition added that the release of the suspects might also prolong the use of security that is currently being provided by Knysna Municipality to its councillors - “and increase the burden of the cost on residents of Knysna”.
Rumours have been circulating since the weekend that Waxa was admitted to hospital after his last court appearance on 23 August.
A call was made to Southern Cape police spokesperson Captain Malcom Pojie, who referred the paper to Correctional Services, whose communications official Johan Pienaar said, “He was not hospitalised any time between his court appearance on Thursday, or today, 27 August, but he received medical treatment.”