ANC MURDER ACCUSED TOLD TO BRING LAWYER
A MAGISTRATE yesterday warned Justice Mashola, the ANC man in Tshwane accused of murdering a fellow party member, that he was facing the prospect of 15 years’ imprisonment.
Magistrate Allan Cowan, who is hearing the state case against Mashola in the Atteridgeville Regional Court, told him the charge was so serious he would need a legal representative.
Mashola allegedly shot and killed Simon Modihe outside the Tshwane Events Centre on June 19, after fighting broke out between two factions.
The members had gathered for feedback on who the ANC had decided to field as its mayoral candidate in Tshwane. One faction wanted then incumbent mayor Kgosientso Ramokgopa retained, while the other supported Thoko Didiza.
“Should you be found guilty on the charge, the minimum sentence is 15 years in prison for a first offender, with a maximum of 20 years,” Cowan told him.
“For a second offender, it’s 20 years in prison.”
In his preliminary statement to the police, Mashola said he had no previous criminal record.
Cowan cautioned Mashola he would need a lawyer until the trial was concluded. A lawyer would come in handy in deliberation of mitigating circumstances, he said.
Mashola’s trial did not resume yesterday as the state asked for a postponement to October 18.
The state needs to get a postmortem report on how Modihe died.
The Pretoria Magistrate’s Court heard during Mashola’s bail application that Modihe was hit twice in the thigh and died from excessive bleeding.
Mashola, 36, was granted bail of R2 000 during his first appearance. He told the court at the time that he intended to plead not guilty.
Modihe’s family left the court disappointed yesterday by the postponement.
“It was a waste of time. I just cannot stand it. Anyway he’s [Mashola] alive, he’s happy,” said Modihe’s aunt Anne Lekalakala.
“We travelled all the way from Hammanskraal to here, only to waste our time. But it’s okay because [as] we don’t have power we have to listen to the law. Mashola is going to end up in the darkest place ever, that I promise.”