THE Rustenburg Magistrates Court has denied murder accused Sibongiseni Ngubane (33) bail on Thursday, 05 October.
Ngubane was arrested on Tuesday, 12 September, in Germiston in connection with the murder of the famous businessman Ben Gumbi.
The case was postponed to 09 January 2024 for completion of investigations.
The court noted that the post-mortem, photo album and footage reports are still outstanding.
Ngubane testified that he is an e-hailing driver and will suffer loss of income if he is not released on bail.
He further testified that his life would not be endangered should bail be granted. During cross-examination, the state asked him why he used a stolen vehicle, which was later abandoned, instead of his registered car, as he claimed he was just hired to transport people to Rustenburg.
He was further interrogated on the R15 000, which he alleges was his payment for the transport service.
The state opposed the granting of bail after consulting with the investigating officer. The state said the court should consider the seriousness of the offence, as the accused is facing a schedule 6 offence of premeditated murder.
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The state further alluded to the safety of the accused against three other suspects who were on the run and may endanger his life.
The accused was also pointed out at an identity parade by several witnesses. The state further highlighted the community’s interest in the matter following the circulation of a recording of the alleged incident on social media platforms.
Magistrate Tshenolo Mekgwe said the reasons stated by the applicant during his application did not prove any exceptional circumstances or that it would be in the interest of justice to grant him bail.
“The applicant did not prove on a balance of probability that exceptional circumstances exist, which in the interest of justice do not permit his release on bail,” she said.
She said the court also considered the community’s interest in the case and that the accused being granted bail might cause chaos. Mekgwe also highlighted the accused’ safety if he is released on bail.
Gumbi’s niece, Nosipho Sibeko, said they are praying hard for justice.
“We have been praying as a family that the accused must not be granted bail, and we are happy,” she said.
Even though it can’t bring back her uncle, the family is happy with the outcome.
“We want the accused to reveal the people who hired him,” she said.
