By Luvuyo Mjekula
Four Makhanda residents arrested for allegedly brutally beating two men, killing one of them, are seeking bail in the local magistrate’s court.
Ntombekhaya Jacobs, 49, Sibongile Moses, 25, Masixole Siko, 25 and Masixole Ralo, also in his 20s, appeared for a formal bail application on Thursday.
They have been charged with murder and attempted murder.
The four are accused of beating 32-year-old Zandile Sandi and Mandilakhe Royi, near Polar Park informal settlement on 5 February, apparently after the two were accused of stealing a pair of shoes.
The incident was suspected to be motivated by mob justice.
According to the charge sheet, the two men were struck with sticks and sjamboks and were covered with burning plastic. Sandi reportedly passed away in hospital.
In sworn affidavits read out in court by their Legal Aid attorney during the start of their formal bail application on Thursday, all four accused indicated they would plead not guilty to the charges.
The attorney confirmed to the court that Jacobs had two previous convictions – arson, committed in the 1990s and for which she was sentenced to three years’ imprisonment. She served only nine months behind bars before she was released on parole. She was also found guilty of shoplifting and her 12-month imprisonment was wholly suspended.
However, the attorney submitted that there were exceptional circumstances, in favour of Jacobs, that rendered her a suitable candidate for release on bail. These included her ill-health – she suffered from diabetes, high blood pressure and an unidentified chronic illness.
Jacobs also sought to return to her work as an employee in the Settlers Monument-based cleaning project so she could provide for her son’s education.
She assured the court she would abide by bail conditions, including standing trial and not interfering with witnesses.
Moses also told the court he suffered from diabetes, and required a special diet. He said if he continued to sleep on the floor of a prison cell, he would be susceptible to asthma. Moses said he also needed to go back to his job as a solar panel installer and to also take up the opportunity of a skills course his employer had promised him. He said he had no previous convictions or pending cases and would abide by bail conditions set by the court.
Similarly, Siko pleaded with the court to set him free, fearing that as a TB sufferer, his health would deteriorate in prison. He asked to be released so he could be able to look after his pregnant girlfriend. With no previous convictions or pending cases, Siko said he was a suitable candidate to be released on bail.
For accused number four, Ralo, breathing problems and a sore leg would be made worse by the poor sleeping conditions in prison. He said he wanted to be released on bail so he could further his studies. He undertook to stand trial and abide by any other bail conditions. Ralo said he had co-operated with law enforcement officers during his arrest and would not interfere with witnesses.
Magistrate Xoliswa Msesiwe postponed the matter to Friday (23 February) for the continuation of the bail application, with state prosecutor Zimvo Mndi set to present the state’s case.
Mndi told the court the state opposed bail.
The four remain in custody.
