George Herald

New magistrate for Molosi trial

- Stefan Goosen Close involvemen­t

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.”

 ?? Photo: Stefan Goosen ?? The chanting and singing crowd outside the Knysna Magistrate’s court was calm while the bail hearing of Mawande Makhala, Vela Dumile, Knysna councillor Velile Waxa and Knysna Taxi Forum secretary Mandla Tyololo was postponed to 12 and 18 September.
Photo: Stefan Goosen The chanting and singing crowd outside the Knysna Magistrate’s court was calm while the bail hearing of Mawande Makhala, Vela Dumile, Knysna councillor Velile Waxa and Knysna Taxi Forum secretary Mandla Tyololo was postponed to 12 and 18 September.

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