By Teboho Moloi
QWAQWA-The Phuthaditjhaba magistrate court has granted murder accused ThembiNkosi Wally Mkhonatsi 31, from Riverside with R5000 bail on Tuesday July 08 following lengthy bail application since his arrest last month.
The case has been postponed to August 18 2025 for further investigation. Mkhonatsi is facing schedule 6 offence which is defined in the Criminal Procedure Act 51 of 1977 and represent a category of extremely serious crimes. These offences are distinguished from other criminal charges due to their severity and the special legal provisions that apply to them, particularly regarding bail applications and sentencing guidelines.
The court granted him bail despite state submissions that there are no exceptional circumstances that exists to consider his release on bail.
Opposing bail against Mkhonatsi , the state submitted that there is a likelihood that he will attempt to destroy evidence or temper with it making reference to the still missing deceased cell phone which it’s whereabouts is known to the applicant’s to date.
“There is a huge likelihood that he may evade trial as there is nothing keeping him in Qwa Qwa, the applicant is not even working which is something that we might consider he holds dearly especially in this economy,” submitted the state.
The court had earlier postponed the matter to hear defence and state closing arguments for July 08 2024.The defence closed its arguments not taking anything away from the affidavit summited and forming part of the evidence marked as Exhibit A.
Defence submitted that exceptional circumstances that includes the applicants disability, the fact that he alerted the authorities of his whereabouts and being a permanent residence of Qwa Qwa should be considered by court to grant him bail.
His arrest follows the discovery of the lifeless body of his wife Mapaseka Pascaline Letsoenyo Mkhonatsi 41 in their home by their son (23). The court granted him bail with conditions that includes but not limited to reporting every Monday and Friday at the local police station till the end of his trial, not to interfere with witnesses, evidence, evade trial or leave the area without informing the Investigating officer.
Deceased family spokesperson Molefi Letsoenyo said they are disappointed with the court decision and fearing for the safety of the son.