A Rhodes University student who is a co-accused in the horrific murder of a Grahamstown man will be the only one of five men arrested to apply for bail.
A Rhodes University student who is a co-accused in the horrific murder of a Grahamstown man will be the only one of five men arrested to apply for bail.
Rhodes student Thembani "Zion Eyes" Onceya will appear alone to apply for bail in the Grahamstown Magistrate's Court this morning, 19 October. This after three of his co-accused decided to abandon their right to apply for bail during their scheduled bail application on Monday, 17 October.
Meanwhile after the court appearance of the five men yesterday, it emerged that Onceya's mother's life could be in danger and residents called for her removal from her Extension 9 house for safety reasons.
Residents of the area went to the Joza Police station on Monday afternoon to meet with police to discuss the safety of Onceya's mother. The residents said they were concerned that the life of the elderly woman was in danger because people were angered by the manner of Thembelani Qwakanisa's death.
Details of the 29-year-old Extension 6 man's alleged torture, as well as photographs of his mutilated body, have reportedly been widely shared.
It is alleged that Qwakanisa was accused of stealing a laptop, was tortured and died and that his body was dumped in Zion Dam in Extension 6.
Local Community Policing Forum Chairperson Nozukile Stof said in the meeting they agreed with Onceya's family that Onceya's mother should leave her house.
On their return from the police station, the community members went on to meet in the Extension 9 community hall and informed others of the decision.
"We are concerned that she could be attacked and we don't want that to happen because fingers would be pointed to us people who have been protesting for the accused not to be granted bail.
Drama unfolded in court as members of the public who had packed the court room to listen to the case were removed from the courtroom after a phone rang while court was in session.
Magistrate Ntsoki Moni instructed court orderlies to remove everyone from the court room after the cellphone rang.
In the empty court room Akhona Onceya, Simamkele Onceya and Mzwanele Mali told Moni that they had decided not to apply for bail.
Meanwhile Mathew Mpahlwa, who was representing Siviwe Gqotholo, invited the court to refer his client for mental observation, citing that Gqotholo was a well-know patient at the local psychiatric hospital. Mpahlwa told the court that his client had been receiving medication from Fort England hospital.
He said Gqotholo's doctor had confirmed that he was a well-known patient at the hospital.
Mpahlwa told the court that Gqotholo had been admitted to the hospital and later became an outpatient. He said because of his condition they were unable to solicit a sworn affidavit from him under oath.
Moni ordered that Gqotholo undergo a pre-assessment process.
Meanwhile Onceya, who is a registered student at Rhodes University, seemed to be concerned about his studies.
When his private lawyer did not show up in court he opted for a legal aid lawyer, saying he would take any lawyer who was available because he needed to prepare for exams.
However, Onceya's bail application couldn't proceed because it emerged in court that his family had not yet paid his private attorney.
He then applied for legal aid and the bail application was postponed to today. His co-accused will remain in custody.
Gqotholo will also be back in court today for an update following the application for mental observations.
anele@grocotts.co.za
