Tears of joy, sighs of relief and smiles filled the courtroom when the bail judgement was finally passed after a long day at the Soshanguve Magistrate’s Court in Pretoria.
The family and friends of Xolani Maphanga and Bongani Mkhabela hadn’t been with their loved ones for at least seven days on Monday 15 April.
Moja Love TV presenter Xolani and one of his crew members Bongani Mkhabela handed themselves in at the Soshanguve police station in the early hours of Tuesday, 9 April.
A warrant of arrest for both suspects had been granted to the investigating officer, Constable Nhlanhla Zondi by then and the suspects were arrested on three counts of assault which were upgraded to attempted murder and trespassing.
Xolani and Bongani are alleged to have assaulted three people at a family house where drugs are believed to be manufactured and sold in Soshanguve during their drug-busting show – Sizok’thola last month.
It is on this very show that Xolani Khumalo also got in trouble with the law when he was still hosting the show.
Read more | Missing Moja Love footage slams brakes on Xolani Khumalo murder case
Both suspects and the channel have since denied these allegations.
Before the three-hour court break, magistrate Thulo heard arguments from state prosecutor advocate Katlego Matsena and defence counsel, advocate Leana Fick who had reached a consensus to not keep the suspects in custody longer than they’ve been.
“It is in the interest of justice that the applicants be released as there is no opposition from the state,” Advocate Fick started the arguments.
She further explained the grounds on which the bail should be granted including the lack of evidence in the matter.
“The applicants surrendered themselves to the investigating officer, neither the applicants have previous convictions or any pending cases and that both applicants have fixed residential addresses which have been verified by the investigating officer. Both applicants have surrendered their South African passports to the investigating officer and neither of the applicants pose a danger to the public, alleged victims or any particular person. Neither of the applicants are likely to evade trial and interfere with witnesses, the criminal justice system as well as the bail system.”
Closing off her argument, she adds that the only answer to the application is a bail release with or without conditions, citing the constitutional right to freedom and liberty.
Read more | Moja Love parts ways with Sizok'thola host, Xolani Khumalo
In consensus, advocate Matsena says that not granting bail would be using it as a means of anticipatory punishment instead of using it as a method to secure court attendance of the suspects on the presumption of innocence.
She then proposed that the condition of the bail be the suspects not going anywhere near the victims’ homes or contacting the victims in any way.
As he began delivering his judgement, magistrate Thulo started off by describing bail applications as an emotional procedure.
“The court has considered all factors including personal circumstances placed on record as such. Therefore, the interest of justice demands that bail be granted to both applicants at R5000 each, passports and travel documents remain surrendered until finalisation of this case and the applicants shall not be arrest for any offence committed after their release on bail.”
“Should the applicants fail to comply with the above conditions, their bail will be cancelled, and a warrant of arrest shall be authorised.”
