Walter Sisulu University murder case: Magistrate accused of bias after employee granted R10k bail

The Walter Sisulu University (WSU) residence manager accused of fatally shooting a student has been granted R10 000 bail.

Manelisi Mampana appeared at the Mthatha Magistrate’s Court on Tuesday to learn the fate of his bail application.

The accused is facing charges of murder, attempted murder and possession of an unlicensed firearm and ammunition.

The charges are linked to the death of WSU student Sisonke Mbolekwa.

It is alleged that Mampana shot and killed Mbolekwa on 15 April, during protests at the university’s Mthatha campus, with an unlicensed firearm.

Two other students, Ntando Gqetywa and Lizwa Ndzumo, were also injured in the incident.

Bail judgment in Walter Sisulu University murder case

Magistrate Sibusiso Xolo handed down the decision after hearing arguments from both the state and the defence.

Ncedo Kolanisi, spokesperson for the Mbolekwa family, expressed their disappointment.

“We are quite shocked,” Kolanisi told the media outside the court.

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He raised concerns over the handling of the proceedings, particularly after the court briefly adjourned in the middle of delivering the bail ruling.

“We saw signs of the judge or the magistrate being biased. I don’t know why, but my suspicions are that certain friends of the accused have gotten to him.

“It is unprecedented for when a judgment is being handed down, a note comes to the judge and then the judge all of a sudden adjourns; then goes out and comes back.”

No address

Kolanisi also criticised the magistrate’s lack of consideration of key issues, including Mampana’s residential status.

“He is able to intimidate and deregister students as and when he pleases. He ignores the fact that he doesn’t have an address.

“It is unprecedented for a person to be released without an address.”

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He warned that the ruling could set a dangerous precedent in future bail applications.

“So it means that all the lawyers that are coming in now that are here to stand in for people that have done all sorts of crimes, that they can use this judgment and say that in the matter of Manelisi Mampana versus the state, he was granted bail even though he did not have an address.

“I can kill somebody and come back tomorrow in court and say that I have a safe house that even the investigating officer doesn’t know about,” Konalisi added.

Walter Sisulu University launches internal investigation

Mampana was placed on precautionary suspension by the WSU’s council, while an investigation into whether the manager is guilty of misconduct continues.

The council also resolved to establish a commission of inquiry into the events that took place at the Mthatha campus.

Retired Constitutional Court Judge Chris Jafta will chair the inquiry, with advocate Bayethe Maswazi acting as evidence leader.

The commission’s mandate is to investigate and make recommendations on the circumstances surrounding the shooting on 15 April.

READ MORE: Walter Sisulu University’s protest shooting denial

It has been given three months to submit a final report and recommendations to the WSU council.

An interim written report, containing preliminary findings and recommendations, is expected within one month of the commission’s appointment.

The South African Human Rights Commission (SAHRC) has also initiated a formal inquiry into the lawfulness of the use of force by law enforcement and private security during student protests.

The SAHRC is in the process of finalising its report, which will include its findings and will be released in the coming months.