Family of Zimbabwean gardener, Mhbodazwe Elvis Nyathi, disappointed as seven suspects arrested in connection with son’s murder in Diepsloot are granted R3000 bail each

Information reaching Kossyderrickent has it that the family of late Zimbabwean gardener, Mhbodazwe Elvis Nyathi, are disappointed. (Read More Here).

Bail was set at R3000 for each of the suspects. The judge stated that bail was granted on the condition that they do not contact any of the witnesses involved in the case.

The judge took into account that none of the suspects were in possession of a passport and that there was no evidence that they had ever travelled anywhere outside of the borders of South Africa. Thus, she deemed it unlikely that they would try to flee.

She reiterated that if they do not show up in court on 7 July, a warrant would be issued for their arrest.

The seven men are accused of beating and then burning Elvis Nyathi in Diepsloot last month.

The incident occurred amidst protests fuelled by the growing anti-foreign sentiment that had gripped the community of Diepsloot. The situation was exasperated by claims that seven people were murdered by an illegal immigrant in the area.

Cedric Raseala, 42, Baron Mashele, 31, Godfrey Mahlo, 31, Thomas Serebane, 53, Phumuduza Tshirangwana, 38, Thabo Makgatho, 32, and Puleng Chipape, 34, appeared in the Randburg Magistrate’s Court on Friday.

Mkhasibe also said that some State witnesses could not identify the suspects who allegedly committed the crime.

“The investigating officer stated in the affidavit that the State witnesses were still traumatised, scared and shaken, which would justify the State witness inability to identify the accused,” she said.

Mkhasibe further noted that, although some of the accused stated in their testimony that they were assaulted by the police, such evidence would only be challenged during the trial, and that her decision on bail application would not solely be based on this piece of evidence.

She granted the seven bail of R3 000 each. 

Mkhasibe concluded that the release of the accused would not jeopardise the case, nor were they a danger to the public or individual’s safety. 

The National Prosecuting Authority’s Phindi Mjonondwane told journalists outside court:

The Diepsloot seven were granted bail with a condition that they do not interact with any of State witnesses and, as the NPA, we accept the decision, keeping in mind that this is a bail application stage and, therefore, the purpose of hearing the bail application is to determine whether or not the accused will be able to attend their trial