The suspect did not demonstrate exceptional circumstances to justify his release.
Elia Maeko, one of three men charged in connection with the murder of five-year-old Ditebogo Phalane Junior, has been denied bail.
Maeko, along with co-accused Ali Sithole and Nido Gumbo, appeared in the Pretoria North Magistrate’s Court on Wednesday for the outcome of his latest bail application.
The trio faces charges of murder and robbery with aggravating circumstances.
The charges stem from a tragic incident in May 2024, when Phalane was fatally shot outside his Soshanguve home during a hijacking involving his father.
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Gumbo faces an additional count of contravening the Immigration Act, as he is in South Africa illegally.
Maeko, Sithole and Gumbo previously abandoned their bail bids on two occasions, but the first accused later launched his application.
He contended that he is the family’s breadwinner and needed to care for his ailing mother.
However, investigating officer Sergeant Sevhasa Mashudu opposed the bail bid, arguing that Maeko and his co-accused routinely ambushed victims at home, stealing their vehicles and firearms.
Bail in Ditebogo Phalane Junior murder
On Wednesday, state prosecutor Tumelo Letaoana informed the court that the three accused had changed their legal representation.
The suspects were previously represented by Thulani Kekana from Legal Aid South Africa.
Magistrate Naseema Khan, in delivering her judgment, noted that Mashudu’s testimony revealed the Phelane family was compelled to relocate after Maeko’s arrest, driven by safety concerns and threats directed at the father.
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Khan highlighted the investigating officer’s claim that the accused and his two co-accused pose a danger to society, having previously “terrorised” the communities of Soshanguve, Mabopane, Akasia, and Rustenburg.
The magistrate also pointed out a separate incident that reportedly took place on 26 April 2024.
“Another case was open in Hebron, where the accused shot at the complainant, whilst hijacking him.
“He survived because he shot back. To my mind, this was an obvious attempt to get rid of an eyewitness.
“I feel that through the applicant’s past behaviour, there is a likelihood that there would be a concealment or destruction of evidence and intimidation of witnesses,” she said.
Accused might abscond bail conditions
Khan also highlighted that Maeko failed to disclose a prior conviction from 2009 for assault with intent to cause grievous bodily harm (GBH).
“He does not appear to be someone who honours the bail system, not even stringent conditions will deter him,” she added.
The magistrate further raised concerns over possible unrest should Maeko be released.
“His release may disturb public peace because the outraged Soshanguve community could take things into their own hands.”
Maeko had also claimed financial responsibility for his deceased brother’s child and his own two children, one of whom was born while he was in custody.
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But Khan rejected this.
“The evidence clearly shows that the applicant is not the primary caregiver of the minor children.”
The magistrate added that Maeko’s elderly mother had denied relying on him for support.
She ultimately ruled that the suspect had not demonstrated exceptional circumstances to justify his release.
“Bail is denied and the applicant will remain in custody until the matter is finalised in court.”
Letaoana confirmed that the state would serve an indictment before the case is transferred to the high court for trial.
The case was postponed to 10 September.
Other cases
Maeko is also facing separate charges at the Pretoria North Magistrate’s Court for possession of an unlicensed firearm and ammunition.
Sithole and Gumbo, meanwhile, are facing pending charges at the Atteridgeville Magistrate’s Court for possession of a prohibited firearm and ammunition.
Sithole is further implicated in a separate matter at the Ga-Rankuwa Magistrate’s Court involving charges of possession of a firearm and ammunition, attempted murder, and robbery with aggravating circumstances.
This article has been updated to accurately reflect that Maeko had previously abandoned his bail twice, and that this was his first formal application.
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