By Luvuyo Mjekula

Supporters of murder-accused former Makana Municipality councillor Luyanda Sakata and one of his three co-accused, Mphitizeli Diko, left the Makhanda Magistrate’s Court bitterly disappointed after the duo were refused bail on Friday.

The release of their two other co-accused, Xolisile Mlatsha and Vuyo Madinda, did, however, bring some joy to the group of supporters.

Sakata, 42, Diko, 63, Mlatsha, 54, and Madinda, 42, are all charged with beating Siviwe Sajini, a 34-year-old man, with sticks and steel pipes, in a mob assault in Ethembeni Location in March 2023. Sajini died in hospital from a head injury due to blunt force, according to postmortem results. They were only arrested on 14 March this year.

Magistrate Robert Ntuli declined the two men’s bail applications but granted Mlatsha and Madinda bail of R500 each. This was because Sakata and Diko have a pending case of murder with similar features, while Mlatsha and Madinda have no outstanding cases, and the state did not oppose their bail applications.

During their formal bail hearings, the court heard that when the four men allegedly attacked Sajini on 9 March 2023, Sakata and Diko were out on R500 bail each, having been released on 3 February 2023 in connection with another alleged mob-justice-inspired murder case, dating back to June 2022.

The 2022 case, in which the same modus operandi was used against the victim, according to the state, proved decisive in the court’s final decision on bail.

Handing down his ex tempore judgment on Friday, Ntuli asked: “Would it be in the interests of justice to release [Sakata and Diko] on bail again?”

“Would it not make a mockery of the justice system? Will that not create a problem out there?” asked Ntuli.

He was concerned that if he released the duo again, it could also lead to members of the public making cynical comments about the justice system – “they arrest them, but the courts keep releasing them.”

Ntuli’s judgment was preceded by a series of spirited back-and-forth arguments for and against bail.

Defence advocate Chris Mzamo argued vehemently that the state had a weak case against his four clients. “The state has no prima facie case. The investigating officer took a year to make arrests,” Mzamo argued, suggesting that the only reason Sakata, in particular, was arrested was because he was “the hero of his community”.

Sakata, a former ANC councillor in Ward 10 and now a general worker in the Makana Municipality, is a popular leader of the Grahamstown Anti Crime group, whose work involves helping the police fight crime.

In their sworn affidavits, read out by Mzamo in court, all four men said they were “shocked and puzzled” by their arrests. “I am not guilty of any crime. The only reason I am arrested is because I am a leader [or member]of [Grahamstown] Anti Crime,” each one stated.

Mzamo told the court his clients were not dangerous or violent and would not endanger the public. On the contrary, he said the group does its best to protect members of the community from criminals. And the show of support by members of the public, who not only packed both the courtroom and the perimeter of the building outside but also signed and submitted a petition for their release, was indicative of the trust the community has in his clients. “The community is aggrieved by their arrest and detention,” he stated.

Mzamo further argued that his clients would return to stand trial if released. They had co-operated with law enforcement and would abide by all bail conditions. All of them said if they were not released, their well-being would be “sabotaged”.

Mzamo argued that his clients had complied with bail conditions related to the 2022 murder case. “Just because you have a pending case, it does not mean you cannot be released on bail,” he asserted.

In closing, Mzamo said the four men had met the requirements to present exceptional circumstances permitting their release on bail.

However, state prosecutor Zimvo Mndi rebutted the defence’s evidence and asked the court to keep Sakata and Diko detained. She said there were no exceptional circumstances in the men’s affidavits.

Reading out investigating officer Warrant Officer Daniel Brits’ sworn affidavit in court, Mndi said Sakata and Diko had breached bail conditions in the previous case, and their release would likely endanger public safety. She argued that the same modus operandi used in the 2022 case was used in the current one. In both incidents, the victims were severely assaulted and died. Mndi said the incidents had left a sense of shock and outrage in the Makhanda community. “The community feels unsafe.”

She pointed out that mob justice incidents are prevalent in Makhanda, and there are about six unresolved cases under investigation by Joza police. Mndi said the state has a strong case against all four accused – there are witnesses, and they are ready for the trial.

Handing down his judgment, magistrate Ntuli said in applying the prescribed legislation, his duty was to ensure the interests of the community are protected while the rights of the accused were also taken into account. “There must be balance,” Ntuli stated. He pleaded with the Grahamstown Anti-Crime group to work hand-in-hand with the police. He also informed Sakata and Diko that they could appeal his decision if they so wished.

Recently, there have been indications on social media that an appeal might be on the cards.

The case was postponed until 18 April 2024.