Monswamy murder accused to apply for bail in KwaDukuza court

One of the three men accused of the brutal Monswamy family murders in Newark will apply for release from custody.

Bongumenzi Mpungose (26) and co-accused cousins Linda Blessing Mthiyane (28) and Mthandeni Luyanda Mthiyane (21) previously abandoned bail applications during their first court appearance on April 28.

However, Mpungose reversed that decision in the KwaDukuza Magistrate’s Court on Tuesday.

The trio were arrested in connection with the kidnapping and murder of seven members of the Monswamy family on April 21.

They face charges of housebreaking with intent to rob, robbery with aggravating circumstances, seven counts of murder and seven counts of kidnapping. Mpungose also faces an additional charge of rape, while Luyanda Mthiyane has been charged with unlawful possession of a firearm.

Given the nature of the charges, Mpungose’s application falls under Schedule 6 of the Criminal Procedure Act. In such cases, the onus is on the accused to prove exceptional circumstances justify release on bail and that it would be in the interests of justice. 

His application will be heard separately before the trio’s next court appearance. Proceedings on Tuesday were initially delayed after the accused arrived late at court. They are being held at Westville Prison due to the high-profile nature of the case and the facility’s greater capacity and resources.

During proceedings, state prosecutor Adv Paul Nel said most outstanding investigations, including post-mortem reports, ballistic analyses and witness statements, had been completed. However, he said the state required additional time to analyse critical cellphone and banking records.The matter was postponed to July 31 for further investigation.

At the accused’s previous appearance, the media was ordered to obscure their faces in published images. However, that ruling was overturned on Tuesday following a successful application by the Courier. 

Despite the ruling, the photographer was unable to obtain clear images as the accused kept their heads bowed. A subsequent attempt to photograph them in the court holding cells was blocked by their defence attorney.