Evander Court denies bail to farmers: Families plead for remains of their relatives

Burying the clothes of their missing brother was supposed to soothe their heartache, but it did not work.

Sibusiso Mlaba said the family would only have peace if they knew where were the remains of his brother, Buhlebuyeza Ximba (35).

Ximba and his friend, Sthembiso Mnikathi (33), disappeared last June, allegedly during a hunting expedition with three others on farmland in the Evander district.

Farmer Abraham Hermanus de la Rey (52) and Arthur William Underhay (40), a farm manager, were arrested on January 18 and eventually denied bail on February 20. They are charged with murder, violating a corpse, defeating the course of justice and intimidation.

Their arrest came after police found what they suspected was a human brain wrapped in a plastic bag and Ximba and Mnikathi’s blood on the farm.

When delivering her judgement on the bail application, the magistrate said the state has a strong case against both accused, despite the defence’s argument of a weak case.

Both De la Rey and Underhay did not take the stand in their bail applications but opted for their affidavits to be read.

The magistrate stated she had read both affidavits and the sworn testimonies of their wives. She said although De la Rey’s ill health according to his doctor’s letter requires a specific diet, there is no letter from a specialist that describes the danger of his illness.

“According to the investigating officer, the witness alleges that De la Rey (accused number 1) ran over two of the five men who went hunting on his farm and then shot them, and allegedly called Underhay (accused number 2) to remove the bodies to an unknown location,” the magistrate continued.

The investigating officer Sergeant Steven Tshehla previously testified the remains were allegedly disposed of somewhere in the Delmas area.

During cross-examination, Tshehla told the court the results of the test on the ‘partial’ brain to determine if it was human were inconclusive. DNA testing indicated the blood found on the grass at the farm was a match for Mnikathi and Ximba, he said.

The magistrate postponed the case to March 20 for further investigation. The families of the two victims welcomed the court’s decision to deny bail. Mthobisi Mnikathi, Sthembiso’s brother, told the Ridge Times they wanted Sthembiso’s remains.

“We are still in the dark. We just want to get the truth of where the remains are. Perhaps we will be healed if we can bury him,” said Mnikathi.

Mlaba also said only Ximba’s remains would bring them closure.

“We don’t know what to tell his two children when they ask after their father. If we could bury Buhlebuyeza, we will at least have a grave to which we can take the children.”

He said the family now holds onto their trust in the court.

“We believe in our justice system. We do not want the accused to get out of jail until we find the truth about our family member,” said Mlaba.

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