LEBOGANG SEALE
THEY pranced around the courtyard, ululating and cheering. Others gyrated and made sexual gesticulations at the police, mocking them for the “unjust” detention of their loved ones as news spread in the Protea Magistrate’s Court yesterday that the 24 people accused of torching the houses of two Chiawelo councillors had been granted free bail.
The suspects, including a 14-year-old, faced charges of public violence, malicious damage to property, arson and attempted murder. The charges related to the violent protests in July, when irate residents blockaded some streets, and stoned and torched the homes of councillor Joe Nemaungane and his predecessor Mirriam Ramafola.
Cars belonging to the two were also set alight, while those of their neighbours were damaged.
The protests were sparked by grievances over hefty electricity tariffs from prepaid meters installed there.
It was a case of third time lucky for the suspects yesterday, and the jubilant scenes were in stark contrast to the despondency when the group’s attempts to be released on bail were dismissed.
Amid the merriment, some remained apprehensive – a signal that yesterday’s ruling by the Johannesburg High Court might have caught some relatives by surprise
“I will only believe when I see them come out of the cells,” remarked one parent as the group of about 30 relatives stood in the searing heat next to the entrance to the holding cells.
Then came news that appeared to heighten their trepidation: the suspects would be taken to Johannesburg Prison and would be released only once the requisite paperwork had been submitted. This did not damp the spirits, and many waved ecstatically as the police truck rolled out of the courtyard to the prison they also call “Sun City”.
Upholding the bail appeal by defence counsel, advocate Neo Mosalakae, Judge Geraldine Borchers found that the State’s case was weak as there was no evidence linking the suspects directly to the crimes.
Mosalakae had, in her appeal, criticised magistrate Robert Button, of the Protea Magistrate’s Court, for “misdirecting” himself on a range of aspects.
Button, she argued, had erred by not taking into account the fact that the police had not arrested anyone at the alleged crime scene and had relied only on video footage.
To reinforce her argument that the State’s case was weak, Mosalakae argued that Button had merely relied on statements from the police officer investigating, who had failed to prove that Eskom property had been damaged.
“…In essence, there was no alarming damage of state property and national assets as asserted by the learned magistrate.”
Mosalakae also disputed an assertion that releasing the suspects posed a threat to state security, public peace and order.