FOUR of the five suspects who are alleged to be behind the brutal murder of six-year-old Bontle Mashiyane were denied bail by the KaBokweni Magistrates Court on Tuesday, 11 October.
Ntombikayise Ngwenya, Collen Hlongwane, Thapelo Ngomane, Samuel Tsela and Philasande Tsela are facing charges of rape, murder, kidnapping and defeating the ends of justice.
Accused number three, Thapelo, abandoned his bail while the bail hearing was in progress.
Magistrate Thandi Nyambi said the community had showed its outrage by taking the law into their own hands by burning the applicants’ houses.
Ntombikayise, Thapelo, Samuel and Philasande’s houses were burnt.
“The court believes that even if the applicants were to relocate to other areas, applicant number four (Samuel Tsela) and all other applicants will still need to come to court on their court dates and this will be their exposure to the community.
“As such, their safety will be jeopardised as opposed to now when they are brought to court under police guard.”
Nyambi said there seems to be nothing exceptional about the applicants’ circumstances.
She said when the community burnt the suspects’ houses they clearly sent a message that they will not be safe outside and so the court could not risk having them outside and putting their lives at risk as well as those of their family members.
“Having considered all the evidence in totality, all the applicants have failed to prove exceptional circumstances exist and that the interest of justice dictates that they all be kept in custody. They all without a doubt remain innocent until proven guilty. However, bail in respect of all the applicants is refused,” said Nyambi.
Six-year-old Bontle was reported missing on 30 April and her mutilated body was found dumped not far from her home three weeks later.
It is alleged that she was last seen with Ntombikayise and Collen.
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Meanwhile, Mashiyane’s mother Permission Mazibane said she was happy that the suspects were denied bail. She said she would like to know what really happened to her child.
“I am happy with the court’s decision to deny them bail. I am afraid of them and I won’t be safe when they are out,” she said
The matter was postponed to Monday, 5 December.
