State to oppose bail in Mtubatuba murder case

The State intends to oppose bail of the suspect arrested for last year’s murder of Mtubatuba IFP councillor, Innocent ‘Killer’ Mkhwanazi.

Mtubatuba Magistrate’s Court gallery was last Monday packed with members of both the Mkhwanazi family and the IFP when Mthenjwa Buthelezi (32) appeared for the second time since being arrested.

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The State prosecutor said the onus was on the accused to prove there are exceptional circumstances to be granted bail in this schedule 6 bail application, and not that of the State.

This was in response to the defence’s request that the State indicate on what grounds it intends to oppose bail.
The magistrate questioned the defence if they thought it fair that, since investigations and verifications for the bail application have not been concluded, that the State should indicate its reasons for opposing bail when these could change once investigations have been finalised.

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The defence had asked that the reasons for opposing bail be disclosed ahead of next week’s bail application so it could determine that these were not ‘choreographed’, and to prepare for next week’s court date.
The State undertook that once all has been finalised, it will communicate with the defence ahead of the hearing.
The bail application will be heard on 9 September.

The suspect was arrested by police in Mtubatuba on four counts of attempted murder and murder.
Mkhwanazi was gunned down while travelling on the R618 with his bodyguards in July last year.

The suspect appeared in Mtubatuba Magistrate’s Court last Monday and the case was remanded to this week.

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