One of the eight original suspects died in hospital, narrowing down the total suspect count to nine after the arrests of two additional suspects in the Kriel-shootout.
On September 16 the Kriel Magistrates Court dealt with the bail application of the remaining six suspects and an additional two suspects as Mr Collen Mabuza was previously granted bail.
As court proceedings began Magistrate Theo Kleynhans queried the condition of Mr Eddy Kekana, one of the eight original suspects who was shot and critically wounded on the day of the shootout. Mr Tumelo Pilusa stated before the court that Kekana had passed away in Witbank Hospital.
As proceedings continued Magistrate Kleynhans quoted case law reminding both the attorneys, and prosecutor that affidavits are subject to criticism no matter how factual and stated that the affidavits brought before the court on behalf of the defence and prosecution were in contradiction of one another.
“It is up to the court now to decide which affidavits are most reliable,” said Magistrate Kleynhans.
He added that the court finds it hard to believe that five of the accused were by chance present at the same house on the day of the shootout, in addition he found the allegations that police arrived and just began shooting, preposterous.
The gallery of family members sat anxiously awaiting Magistrate Kleynhans’ decision, all this while 14 armed police members stood in close proximity of the court proceedings.
Sighs of relief were heard, and tears of joy were seen as Magistrate Kleynhans released the six accused out on bail of R8 000 each. The accused were ordered to report twice weekly to their local police stations as part of their bail conditions. Magistrate Kleynhans also prohibited the accused from making direct and indirect contact with state witnesses and furnished the accused with a list of state witnesses to prevent accidental communications.
Court adjourned shortly as Magistrate Brian Maphanga took to the magistrate’s chair to preside over the bail application of Constables Thamsanqua Kubheka and Daniel Mahlangu who were arrested on the morning of September 9.
Mr Arno Guyser, state advocate, Director of Public Prosecution said before the court that the state would not be the opposing bail of Kubheka and Mahlangu as the state was at a disadvantage given the short notice. Guyser discussed the matter prior to the bail application with the defence attorneys that he would not be opposing bail and came to the agreement of R8 000 bail for each of the two suspects.
“This case has created an unnecessary interest in terms of the law and your affidavits are not negated by any evidence. Bail is set at R8 000 for each of you and you are warned to appear in court on January 17,” said Magistrate Maphanga.
Two police constables were arrested on Friday morning, they are believed to be involved with the syndicate responsible for the shootout in Ga-Nala in August.
The arrests of Constables Thamsanqua Kubheka (38) and Daniel Mahlangu (30) came at the hands of the Hawks and SAPS task force members on Friday, September 9 during police operations held in the early hours of the morning.
The two constables that were arrested at their homes are accused of being involved in the syndicate conspiring to execute cash in transit robberies throughout the Mpumalanga area.
According to a statement released by the Hawks communications liaison, Lieut Dineo Sekgotodi, one of the suspects attempted to shoot his way to freedom but was quickly detained and taken into custody.
During the operation Hawks members seized firearms, and suspected stolen property including laptops and cellular phones, two BMWs were also seized.
The National Head of the Hawks Lieut-Gen Mthandazo Ntlemeza has commended the investigating team on their efforts which has resulted in the arrest of the two police officers. According to Lieut-Gen Ntlemeza they are collectively putting together a solid case, which is resulting in more arrests of the members of this dangerous group of criminals, all while displaying the highest level of professionalism and great commitment to the task.
“The tremendous effort exerted by our members must be commended. I am heartened by their efforts as we seek to get crime under control and put solid cases before the courts, so that justice may be served. Congratulations to the dedicated and competent officers involved in this investigation,” said Lieut-Gen Ntlemeza.
The two men appeared before the Kriel Magistrate’s Court that morning and are currently being held in police custody pending their next appearance alongside the eight other accused arrested on July 31 for the shooting in Ga-Nala.
The eight accused – Messrs December Nkosi, Sam Masina, Collen Mabuza, John Rahube, Wellington Cenenda, Sipho Mahlangu, Eddy Kekana and Robert Makabathi face numerous charges, including murder, attempted murder, theft of motor vehicle, two counts of armed robbery of motor vehicle, possession of prohibited firearms, possession of an unlicensed firearm, possession of unlicensed ammunition, possession of explosives, and malicious damage to property.
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