TWO MEN ACCUSED OF MOGALAKWENA MURDER - JAMES CHUMA AND JABU MASHAMAITE DENIED BAIL

MOKOPANE - Two businessmen, Jabulane Petros Mashamaite and James Mswazi Chuma, were denied bail after they were charged with conspiracy to commit murder, and two counts of murder by Mokopane Magistrate’s Court. Samuel Seruputlane Mokonyane and Nkholo Frans Mangadi, (accused 1 and 4) abandoned their bail application. It is alleged that the accused, killed two ANC Mogalakwena Councillors, Vaaltyn Kekana(54) and Ralph Kanyane (32), in 2019. During the time of the incident, Kekana was about to table a report to the municipal council, regarding irregular expenditure or maladministration in the Mogalakwena municipality. During the bail hearing, Mashamaite testified that he is the breadwinner, has a permanent job, businesses and a medical condition, that does not allow him to be incarcerated. He further told the court that the deceased, were his comrades and he did not kill them. He concluded his application, by asking the court to release him and will abide by the conditions until the matter is finalised. The state opposed Mashamaite's bail, stating potential interference with the state witnesses as he knows them. The state further mentioned that he will be able to get medical attention in custody, State Adv. Calvin Chauke concluded by saying, it will not be in the interest of justice to release the applicant on bail.

Chuma submitted his affidavit and indicated that he would want to take care of his children, and his businesses. He also told the court that he cannot be incarcerated, as he is innocent. Adv. Chauke, in his submission, told the court that in respect of his businesses, he did not submit any proof to the court to confirm that indeed his businesses would suffer due to his incarceration.

The state concluded by saying that Chuma's circumstances do not qualify as exceptional circumstances. The court denied them bail because the two applicants failed to establish exceptional circumstances that in the interest of justice, permit them to be admitted to bail. The matter is postponed to 19 August 2022, to serve the accused with the indictment.