The magistrate’s court in KuGompo City on Wednesday granted tearful businessman and entertainer Mlindelwa “Man B” Tyekana and his two co-accused R5,000 bail each.
Tyekana appeared alongside Siyasanga Mashologu and Daluxolo Willie, after numerous delays in their bail hearing.
The three are charged with attempted murder, kidnapping and assault with intent to cause grievous bodily harm involving two minors.
Tyekana was arrested on May 15 for the alleged shooting of a 16-year-old, who is now fighting for his life in Frere Hospital ICU, and also for the assault of another 16-year-old who had allegedly gone to pick guavas from a tree in bushes near Tyekana’s property in Amalinda, near Prestons Liquor Store.
The hearing was held at the high court, standing in for the C Court, which had technical issues, and commenced just after 10am.
The presiding magistrate, Kevin von Brett, started his judgment by saying that justice delayed was justice denied, referring to the constant delays.
He agreed that the defence’s argument that the applicants were not a flight risk was a key factor to consider; however, another issue was the safety of the victims and their families.
Although he saw the two applicants, Willie and Tyekana, as having strong pleas because they had a fixed income and families who depended on them, the matter of Mashologu, an ex-policeman who has a previous conviction for attempted murder — which is before the Constitutional Court — was a tricky one because https://www.facebook.com/share/v/18gUoJtNWV/he was unemployed and had a case for which he was previously arrested.
Meanwhile, the number of supporters for Tyekana, who submitted petitions in his favour, was an issue that the magistrate raised as a factor which should be considered in opposing his bail.
“It is clear from the number of petitions submitted that he has a large number of supporters and, theoretically, should he choose to interfere [with the case], I’m sure he can get any person to interfere with the witnesses.
“They have given the investigating officer their co-operation,” Von Brett said.
“I have concluded that they can be safely released on bail. They are certainly not a flight risk, and I believe bail conditions will be sufficient to keep them away from the witnesses.”
The conditions included that the applicants not communicate with the state witnesses in any manner, directly or indirectly, and if they did so they would forfeit their bail money and be rearrested immediately.
The trial is set down for July 16 in the magistrate’s court in KuGompo City.
Daily Dispatch