Germiston court postpones bail hearing for Pharoe Park protest accused

The Germiston Magistrate’s Court was buzzing with concerned residents as their Pharoe Park neighbours were scheduled to appear.

Two women, Malwande Tukula and Mandisa Mboxwana, made their second court appearance on charges of public violence and damaging infrastructure, hoping for success in their formal bail application.

This followed their August 12 arrest after demonstrations that later caused a fire which severely damaged the Department of Home Affairs building.

ALSO READ: Pharoe Park eviction leaves Germiston residents homeless

The community’s demonstrations were linked to court-ordered evictions in the area.

In the morning, with media houses attending the court for the first time, the magistrate granted them access to record inside. The session was adjourned for almost an hour, and the case was heard in the afternoon.

Both accused, represented by Advocate Tshepo Kapa, filed an official bail application, which was put on pause due to unverified addresses.

The defence argued that Tukula should be released on bail because she is the caregiver of her 11-year-old child. On behalf of Mboxwana, the defence argued that she is not a flight risk and has limited resources, as she is a pensioner relying on a grant.

“She is also the primary caregiver of her youngest child, who is still in high school,” said the defence.

Kapa added that for the sake of justice, both women should be released on R1 000 bail each.

Kapa called family members of the two accused, who were sworn in to vouch for them.

Tukula’s aunt, Andiswa Tukula, took the stand, telling the court that she lives with family members and her partner. When asked where the accused would be staying, she said she would be living in one of the outside rooms since the main house would be fully occupied.

ALSO READ: Pharoe Park evictions proceed as city follows up on Germiston Home Affairs fire (video)

The State prosecutor, Varushka Vallabh, argued that Warrant Officer Mnisi, the investigating officer, visited the provided address but was told by a woman at the property that Andiswa was moving out.

Andiswa denied this, stating: “I was at the police station visiting the accused when Mnisi called me. At home, my mother was there and she engaged with the officer. She was told to bring her ID copies, which she did.”

Pamela Ndabezimbi was sworn in to vouch for Mboxwana. She said she lives in a rented one-bedroom house with her two children, aged 10 and 12.

Vallabh argued that the investigating officer could not verify her address because she was not available on the phone. However, the officer was informed that Ndabezimbi would not be living with the accused.

Ndabezimbi dismissed the notion that Mnisi was told she would not be staying with the accused once released.

The State prosecutor was not satisfied with the statements, arguing that both suspects should remain in custody while the state verifies the provided addresses of the accused.

The State further argued that the accused do not have their own home addresses to present, as this follows the evictions in Pharoe Park.

The matter was postponed until August 27, with the two suspects remaining in custody.