MAMELODI taxi boss Vusi “Khekhe” Mathibela plans to challenge a section in the Criminal Procedure Act that allows courts to refuse bail for defendants in their absence from court.
Mathibela (33) is out on bail for the alleged murder of North West businessman Wandile Bozwana and the attempted murder of his female companion, Mpho Baloyi. The two were shot at a traffic light in Tshwane in 2015.
Mathibela’s bail in the Bozwana case was provisionally withdrawn on 20 March.
He was arrested on a separate matter – on charges of extortion, intimidation and assault – on 13 March.
He subsequently appeared in the lower court and is still in custody.
The state said Mathibela was arrested while preparing to go on holiday to Dubai, despite his bail conditions preventing him from leaving the country.
The state argued Mathibela also spent four days in Mauritius while out on bail for Bozwana’s murder.
It sought to have his bail revoked on the grounds that he broke his bail conditions by travelling outside the country when he was not allowed to.
His lawyer plans to argue that the act contravenes the rights of defendants by depriving them of the chance to challenge a decision where bail is cancelled in their absence.
If it succeeds, Judge Bert Bam’s decision to revoke Mathibela’s bail will be set aside.
Mathibela will then resume his bail application in the Pretoria Magistrates Court.
He has been charged with extortion and intimidation.
