Durban — Two brothers, aged 22 and 16, as well as their two teenage friends, alleged to have killed the siblings’ mother’s boyfriend in February by assaulting him with bottles and sticks, appeared in the Pinetown Magistrate’s Court on Monday.
The two brothers remain in custody after having been refused bail while their co-accused are out on bail. The State said the post-mortem result which had been outstanding was now completed but a clinical report was still outstanding.
The four are charged with the murder of Mfano Mandana, alleged to have taken place on 10th Street in Clermont. They are alleged to have assaulted Mandana with bottles and sticks in the presence of witnesses. He died at R K Khan Hospital.
The matter was adjourned to August to allow for further investigations.
Previously, the State had opposed bail for the older brother – who was out on parole – citing a safety concern raised by a relative, but bail was not opposed for a third accused, Andile Msomi, 18.
In the bail bid for the two brothers, the State told the court that their grandmother, who would have been able to provide an alternative address, said she could not accommodate the boys unless their father was present.
The court heard that the 22-year-old had previously been convicted of house robbery and was sentenced to four years in jail.
Both brothers’ intended plea is that of guilty. Investigating officer Musa Ngcamu testified during the bail application that he was concerned about the safety of a State witness – the brothers’ mother – who was “scared of them”.
He also said that the 16-year-old was not in school and had dropped out, according to his mother.
She had pointed the two out who were arrested in her presence.
The court denied the older brother bail on the grounds that he had committed this alleged offence while out on probation.
His 16-year-old brother was denied bail on the grounds that his mother was scared and that he had failed to discharge exceptional circumstances to the court permitting his release on bail.
In February, Msomi was granted bail of R1 000 on condition he relocate to the alternative address he had provided during his bid for release on bail and that he not interfere with the witnesses in the matter who were known to him.
During his bail application, the court heard Msomi had no previous convictions or pending cases. Msomi’s intended plea is that of not guilty. He is a Grade 10 pupil at Ziphathele High School and in his bail application he said he was not a flight risk because of this. The State’s evidence is that Msomi was pointed out by a witness, present at the time of his arrest.
The 17-year-old was released on R1 000 bail after providing the court with an alternative address.
Daily News