He spent his holidays in custody. And now he will remain there for a while until his next appearance when he appeals his bail judgment.
The Varsity College student Bafana Mahungela (21) who is accused of the alleged murder of Kristen Klyts briefly appeared at the Alexandra Magistrates Court on Friday for an appeal of his bail judgment after he was denied bail on 30 December 2023.
Magistrate Syta Prinsloo told the court in December when making the judgment that the accused and his legal representative failed to prove why the accused should be granted bail. She says he took deliberate action to ensure that he avoided being linked to the body that he allegedly found in a rug not far from the Sandton Sports Centre, where Kristen was found dead.
When she was dealing with the bail application, Magistrate Prinsloo says the court is of the opinion that the applicant took deliberate measures to avoid detection, eliminating any evidence that could incriminate him. This was after the accused gave testimony that out of shock and his fingerprints being all over the deceased’s dead body, he wore her clothes and left other valuables like the phone and watch.
Read more | 'I was traumatised when I found the body' - says the 21-year-old student facing murder charge
Magistrate Prinsloo told the court that Bafana Mahungela was a danger to society and therefore was denied bail.
On Friday in a brief appearance, the matter was postponed for further investigation, as well as for the defense to make submissions. The matter appeared in front of Magistrate Bischof, who will be hearing the matter when it goes to trial.
Speaking to Drum, Bafana’s legal representative Advocate Itumeleng Masako says they are taking the appeal to the High Court, and they will serve and file next week. They do not have the exact dates at the moment.
Advocate Masako says they are appealing because there are so many wrongs in the Magistrate's judgment.
“My client was called a danger to society. On what basis can she say that about him? The court heard when my client testified, he was cross-examined extensively, and he kept his version of what happened when he went to Sandton Sports Centre. The State came with affidavits that didn’t do anything, and to show that there is no case there, they are only investigating now. I mean the matter is postponed to May for further investigation, it means they have not done their investigation.”
Advocate Masako says during the bail application they showed that the state’s case was weak and planted doubt.
“We showed that the investigation has not been finalised and that they must look for the right person who committed the crime. We showed that the case is weak on merits, and we also showed that the client is suspended by the school. With that being said, we are going to get our day in the High Court.”
He says keeping his client in custody is punishment, Advocate Masako made a spectacle in court demanding for the Magistrate to treat him like a legal counsel.
“That court has a serious issue of racism. I had an issue with Bischof because he is treating Blacks like they are nothing. The Magistrate didn’t want me to address and explain that the matter is going on appeal because they are pushing this narrative that they have done the job, and they are keeping my client inside until May. It is not true that they are keeping him till May because there is an appeal.”
Bafana was arrested on 26 November 2023 at res after a photo of him wearing a t-shirt that belonged to the victim emerged. He told the court that he wore the teacher’s shirt because he didn’t want to leave his DNA at the scene of the incident after he had allegedly discovered the body.
He told the court that wore Kristen's clothes out of shock and because when he found her body, he was facing downward he had to turn her over so that he could see the face. He then checked her pulse and out of fear he took the clothes because they had his fingerprints and later threw them away.
Advocate Masako says his client being labelled a danger to society is defamation and shows that the court has already made a judgment and found his client guilty.
"The law doesn't allow that, and its defamation, it after conviction that such statements can be thrown around not before. Where does she get the idea that my client is a danger while the investigations are ongoing?."
