TODAY, 28 December the five accused linked to burning and killing seven people in a mob attack in Diepsloot, north of Joburg will hear their fate.
This as the group will be at the Randburg Magistrates Court to find out if their bail application will be granted or not.
The group has pleaded not guilty during court proceedings. The court previously heard that on the night of Friday, 1 December, residents in Diepsloot cornered people they believed were committing crimes and terrorising the community. They assaulted them.
Others escaped but the incident left seven dead after some were found burnt on Saturday, 2 December. This led to the five accused being arrested two days later.
ALSO READ: BIG cut to salaries, boost for Sassa grants!
The group faces charges of murder, attempted murder, kidnapping, grievous bodily harm, and contravention of the immigration act.
On Wednesday, 20 December their defense argued for their release.
Legal representative for accused one, two, and five, Jimmy Baloyi said justice won't be served by keeping the accused in prison based on allegations because witnesses haven't appeared in court.
"Applicants one, two, and five swore under oath that they were nowhere near the incident. Investigating Officer Albert Jamjam could not confirm the whereabouts of the accused on the day of the incident," he said.
He spoke at great length about how they were low flight risks.
During one of the previous court appearances, Baloyi said they were despondent about the outcome at the time.
"We're very disappointed. We were hoping that today judgment will be delivered and we'll be able to take our people home.
"At some point, the court wanted to postpone it to January so the 28th of December is better. Unfortunately, that's how the justice system in South Africa works," he said.
Lawyer for accused three and four, Joseph Dikotla said they were being kept in prison based on hearsay.
“The state rests on one pillar and one pillar only, that is one witness Jamjam flatly refused to tell the court if the state has more than one witness,” he said.
"We're not sure if the state has witnesses. We only rely on hearsay," he said.
Dikotla said the community in court showed they were against the accused's arrest.
"The community support shows they may be welcomed into the community.”
Investigating Officer Colonel Thobezweni Albert Jamjam told the court that if the accused are released, it may undermine the rule of law.
"It's not in the interest of justice. If they are released on bail it could send a wrong message to the community that no matter how bad the crime, you'll be released," he said.
He further testified that if the five men are released they could further commit other crimes.
“And when they are released, they may continue with more crimes because some of them have previously been charged,” he said.
Jamjam said three suspects have criminal records.
“Accused one was convicted in 2015 of violent crime and is currently on violent crime. He is a violent man he should be kept inside. He was previously charged with assault,” he said.
“Accused number three, in 2017 was arrested for assault. If he's released on bail he will also pose a danger to the community. Accused number five was previously charged with theft," he said.
Community leader Loyiso Toyiya was still hopeful they would get bail.
“We believe they will get bail based on arguments of the advocate. They argued that these people aren't a flight risk and they are responsible people who won't run away. Remember bail is not a trial,” Toyiya said.
