Three suspects linked to Germiston Home Affairs fire granted bail

Three suspects linked to Germiston Home Affairs fire granted bail

The three suspects linked to the burning of the Germiston Home Affairs building have been granted bail of R2 000 each.

Mofart Phiri, Katlego Simango and Given Mlambo were charged with arson and public violence following the chaos on August 12.

Phiri and Simango’s bail applications were heard on August 27, with Magistrate Mrs Baloyi delivering the judgment on August 29.

However, the bail application for the third accused, Mlambo, was abandoned by his legal representative, Advocate Tshepo Kapa.

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After the hearing, Phiri and Simango were released on Friday. Attorney Tebogo Chauke, representing Simango, expressed relief and satisfaction with the bail decision.

“We’re happy that our clients will be able to continue with their lives while we await the finalisation of investigations,” said Chauke.

“The two men were granted bail of R2 000 each, with the condition that they report to the nearest police station every Wednesday between 06:00 and 18:00,” he added.

Wednesday bail applications

Phiri and Simango formally presented their bail applications on Wednesday, arguing that granting bail would be in the interest of justice. Their statements were read in court by their legal representatives.

Phiri’s affidavit in support of bail

Phiri, 38, stated that he is an adult male with full legal capacity and a citizen of Zimbabwe. He explained that his passport was lost during a police raid at his then residence in Pharoe Park, where evictions were carried out.

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“I submit that during the raid, I was not home, and upon my return, my belongings had been thrown out.

“To the best of my knowledge, my permit expired at the end of July 2025. I was arrested on August 12 at Pharoe Park, Germiston, where I was residing,” he said.

Phiri denied any involvement in the alleged offences and stated that he would plead not guilty. He emphasised that he was not present during the burning of the Home Affairs building and had not witnessed the incident or videos circulating on social media.

“This case is not going to be finalised soon, and my rights under Section 35 of the Constitution have already been violated,” he added.

Simango’s affidavit in support of bail

Katlego Simango, 33, told the court that he has no assets outside the country, no travel documents, and two children aged 12 and five. He is self-employed as a scholar transport operator, supporting his family through this business.

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Simango argued that continued detention would cause significant hardship for his family and could negatively affect his business. He denied any involvement in the incident and asserted that he is not a flight risk.

“My client has strong ties within this court’s jurisdiction. He voluntarily surrendered to the Germiston Police Station when he learned that the police were looking for him. He also requires ongoing medical care, as he is on chronic medication,” said Chauke.

Mlambo’s bail hearing – September 2

Mlambo, 23, had his bail hearing on September 2, with the prosecution requesting that the case be heard in a different court due to potential prejudice. It was agreed that the case would move from Court D to Court B.

Mlambo, a scholar transport operator with one child at the time of his arrest, argued that continued incarceration would negatively affect his child financially. He stated that he was not near the Home Affairs building at the time of the incident.

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Advocate Kapa added that Mlambo has no family abroad, no pending cases, and no previous criminal record. The court granted Mlambo bail of R2 000, noting that since his co-accused had already been released, there was little risk of him failing to attend future court dates.

All three men are scheduled to appear in Court D on October 7. Failure to appear will result in their bail being forfeited and a warrant of arrest issued.