Durban — Two brothers who are pastors were denied bail at the Durban Magistrate’s Court on Tuesday.
John Ngubane, 70, and Samson Ngubane, 58, are facing charges of premeditated murder and robbery of Nokuthula Mabaso, an activist of the shack dwellers movement Abahlali baseMjondolo.
Mabaso, who was also a leader of the movement’s women’s league in the eKhenana area in Cato Manor, was gunned down outside her home last month.
Abahlali residents murmured in excitement while the church members sighed in disappointment when the court announced its decision.
Judge N Mhlungu said the accused failed to produce circumstantial evidence as to why the court should release them on bail.
Mhlungu said the pair were likely to intimidate the witnesses and endanger the public, adding that no conditional bail would stop their interference.
She said no evidence was submitted before the court regarding John’s illness, as previously stated by his lawyer, Nkosikhona Zulu.
“The courts noted the violence and the threat the applicants caused in the society. Their threats of violence led to the death of a woman.
“The case officer testified that the deceased was threatened or intimidated by one of the accused known to her prior to her killing,” said Mhlungu.
“The court must balance and consider the safety of the society whilst also ensuring that the applicants are not detained without fair trial and be released if the law agrees.
“However, if it is indicated that the applicant is likely to disturb the ends of justice, commit other cases, run away, interfere, intimidate, undermine the objectives of bail justice or disturb the public order should they be released on bail, then the court must decide on the evidence-based on probability,” said Mhlungu.
Zulu said the prosecutor had based the decisions on hearsay and further applied for an appeal.
The matter was postponed to October 20, for a post-mortem report and further investigation.
Meanwhile, Abahlali had stated that the killings of its leaders were beginning to strain the organisation.
This came as Mabaso’s killing followed the death of deputy president Ayanda Ngila, who was shot dead in March, while the organisation's chairperson Lindokuhle Mnguni, was killed on August 20.
Daily News