By Luvuyo Mjekula
The murder case involving former ward councillor Luyanda Sakata and three other men was postponed yet again in the Makhanda Magistrate’s Court earlier today, to the disapproval of their throngs of supporters.
The case has been postponed to Thursday, 16 May, for further investigation, the state prosecutor said.
Sakata, 42, and Mphithizeli Diko, 63, remain in custody.
The decision left the two men’s supporters, who had packed the courtroom to the rafters, disappointed and visibly upset.
Grocott’s Mail understands that an appeal is imminent after Sakata and Diko were refused bail last month.
Their two co-accused – Xolisile Mlatsha, 54, and Vuyo Madinda, 42, were released on R500 bail each, because they had no outstanding cases and the state did not oppose their bail applications.
Sakata and Diko on the other hand, had a pending case of murder with similar features.
All four men, attached to the popular Grahamstown Anti-Crime group, are accused of fatally wounding Siviwe Sajini with sticks and pipes in Ethembeni Location on 9 March 2023.
Sajini died in hospital from a head injury due to blunt force, according to post-mortem results.
The four suspects were only arrested on 14 March this year.
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.
Handing down his ex-tempore bail judgment, magistrate Robert 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.
The magistrate gave the duo an opportunity to make another bail application on condition that the 2022 murder case, which the defence had argued would be thrown out because the state had no witnesses, was resolved in their favour.
However, attempts by defence advocate Charles Stamper to have the case thrown out earlier today, proved unsuccessful.
The case was briefly heard in the Regional Court today and Stamper filed an application to have it thrown out of court after the two state witnesses – Athenkosi Njovane and Siviwe Njovane, failed to appear in court.
Stamper argued that the state had assured him the witnesses would be present and postponing the case would be “prejudicial” against Sakata and Diko.
Their second attempt at a bail application hinges on the outcome of the 2022 case being in their favour. If that case is withdrawn or thrown out of court, they stood a better chance of getting bail.
The two men and two co-accused, Bandile Makebe and Nomfundo Adam, face charges of murder and assault with intent to cause grievous bodily harm. They allegedly assaulted and fatally wounded a suspected criminal two years ago.
All four were released on R500 bail.
The court decided to give the state another opportunity and agreed to postpone the case to 30 May for the witnesses to appear.
