In granting R10 000 bail for a Congolese national who was arrested in connection with alleged assault and torture incidents at the Zanzou nightclub in Pretoria, the magistrate said he did not take this decision lightly, but he concluded that it is in the interests of justice that he receive bail.
The accused man, who cannot be named as per court order because identity parades are still being conducted by police, was granted bail by the Pretoria Magistrate’s Court on Wednesday.
He was arrested in February in Yeoville, Johannesburg, following the gruesome incident at the Hatfield club during which a group of patrons were recorded on video while being severely assaulted.
Magistrate Ernest Mbembele said while the nature of the alleged offences, as stated in the charge sheet, is very gruesome, the accused proved his entitlement to bail.
The accused is facing 13 charges at this stage, consisting mostly of assault with the intent to commit grievous bodily harm and sexual assault. It refers to two different incidents at the club, but the prosecution pointed out that more complainants may come to the fore.
The man, during his bail bid, told the court that he would plead not guilty and that he had nothing to do with the incidents.
The State, meanwhile, produced evidence in opposing bail, that in one case three victims identified him during an identity parade, while two victims in another alleged incident identified him.
The man told the court that he has valid asylum documentation which only lapsed at the end of July. He had, however, applied for his asylum permit to be extended.
He said he resides in Sunnyside with his wife and children, and he is the only breadwinner. According to him, his family stands to be evicted from their flat if he is not urgently released on bail.
He further stated that he has been in South Africa since 2011 and he considers this country his home. He denied that he was a flight risk.
According to him, he was very surprised when he was arrested and he was only later told by the police that it was in connection with a video that went viral regarding an incident at the club.
He said the police told him that he appeared on the video. In opposing bail, the State argued that he was a flight risk, adding that he had told the police that he feared for his life if he was released on bail.
The man denied this and the magistrate questioned that if this was true, why would he then apply for bail?
Magistrate Mbembele, in releasing him on bail, ordered that he has to report to the Sunnyside police station three times a week and he may not leave the Pretoria area without prior approval from the investigating officer.
The matter was postponed to May 5 for further investigation.
zelda.venter@inl.co.za