No bail for murder accused crime fighters

Kimberley – Five men, two of whom have been linked to a prominent local crime-fighting organisation, were denied bail on charges of assault GBH, kidnapping and murder in the Galeshewe Magistrate’s Court on Thursday.

Vuyusile Mpondo, 37, Eric Halata, 35, Clifton Mothelesi, 32, Jonathan Matane, 34, and Mzwandile Mongering, 31, will remain in custody until their trial. They are accused of beating and killing 37-year-old Gopolang Kgosiemang in Phutanang earlier this year.

Both Mpondo and Halata testified during previous appearances that they are members of the crime-fighting organisation Wanya Tsotsi.

During the bail application of the five accused, the court heard how Kgosiemang apparently received a phone call on Saturday, February 4, at around 10:30pm, instructing him to attend to an urgent matter at a local tavern.

Upon his arrival, he asked one of the witnesses, who had accompanied him, to enter the establishment to purchase cigarettes.

As the two were leaving, they were confronted by Mpondo and Halata. Halata apparently grabbed the deceased by his clothing and told him that he knew what he and his friends had been up to.

The two accused then allegedly assaulted Kgosiemang until he managed to free himself and tried to escape.

Halata apparently chased down the victim while the other accused followed in a vehicle and allegedly joined in the assault by kicking and trampling Kgosiemang.

It is alleged that Mpondo hit Kgosiemang repeatedly on the head with a baseball bat.

Kgosiemang was then forced into a VW Golf, driven by one of the accused, with the rest following in a Quantum.

Once again, Kgosiemang apparently attempted to flee and was chased down by Halata and the alleged assault continued.

It is further alleged that Mongering then took a bottle of beer and hit the deceased with it.

The accused fled the scene when witnesses came to intervene.

An ambulance was called but Kgosiemang was declared dead on the scene, having succumbed to head injuries.

An autopsy found that he had sustained nearly a dozen serious wounds, six of which were to the head.

The five accused were arrested by the police two days later.

While testifying during the bail application, the investigating officer, Detective Warrant Officer Anthony Shuping, confirmed that no weapons were used by Halata, Mothelesi and Matane during the incident.

No bottle was recovered from the scene, while clothes, that appeared to have blood on them, were later found soaking at the home of Mongering.

These items were sent for forensic analysis with the court expecting the results in time for the trial.

Before giving his ruling, Magistrate Andre Williams emphasised that the onus was on the accused to justify their release on bail for the schedule six offence, pointing out that being gainfully employed and having dependants did not constitute extraordinary circumstances.

He also pointed out that the accused’s ties to a community crime-fighting organisation, meant that they should have known better than to commit the alleged offence.

“It seems as if the deceased was lured to the tavern,” said Williams. “Perhaps, by trial, the State will have phone records available and will be able to determine who made the call.

“It is strange that the deceased and the accused would be there at precisely the same time.

“From the evidence, it seems as if the assault was started by the second accused (Halata).”

“It can hardly be self-defence when the deceased is unarmed and is assaulted by five grown men.

“It is ironic that accused one and two belong to a group that is meant to protect the community. They work with the police but are now the perpetrators, accused of taking the law into their own hands.”

“This was a violent attack and almost seemed planned. I am not satisfied that there are exceptional circumstances warranting their release. Bail is denied.”

The case was postponed until May for further investigation.

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