By Teboho Moloi
QWAQWA – The Phuthaditjhaba Magistrate’s Court has granted bail of R5 000 each to nine accused, including the principal of Dikwena Secondary School, who are facing charges of Schedule 6 murder and assault with intent to cause grievous bodily harm.
The accused – Joseph Nhlapo, Thabiso Donald Mollo, Sello Keletso, Jabulane Borotho, Joseph Thabo Mabe, Malerata Mantwa Mahlatsi, Nthabeleng Leete, Dija Millwa, Lucia Tladi, and Mpho Miya – are linked to the death of 27-year old Mpho Mokoena. Mokoena was allegedly assaulted by a group of people on suspicion that he had broken into the school premises and stolen food from the school’s feeding scheme. He was found dead on Friday, 16 May.
According to preliminary police investigations, Mokoena’s body was discovered near the school, covered with blankets in a wheelbarrow. Emergency medical services declared him dead on the scene.
The court granted bail after several postponements of bail hearings since the accused’s arrests. The defence submitted a petition with over 200 signatures from community members calling for the release of the accused.
However, during cross-examination, investigating officer Sergeant Detective Masole Namane Mahlatsi from the Namahadi Detective Unit questioned the legitimacy of the petition, stating that it was not signed by Namahadi residents. He claimed another petition with 70 signatures from Namahadi residents opposed the accused’s release, although this petition was never formally submitted to the court.
Mahlatsi expressed concerns for the safety of the accused and potential unrest if they were released. He also raised fears that witnesses could be intimidated or influenced.
“They are in custody now and cannot interfere with witnesses, but we don’t know what will happen once they’re released,” said Mahlatsi.
Despite acknowledging that Nhlapo was not a flight risk and had handed himself over, Mahlatsi argued that he should be denied bail due to public outrage, which had disrupted school activities.
Regarding accused number five, Joseph Thabo Mabe, Mahlatsi alleged that he was found hiding at a guesthouse in the Elite suburb after a tip-off from an informant. He disputed claims that he had arranged to meet Mabe at the police station, saying he used a taxi to reach the guesthouse before calling for backup to effect the arrest.
Mabe’s legal representative, Mr Noge, countered that his client was not evading arrest but celebrating his birthday at the guesthouse. He maintained that Mabe had a permanent address in Chris Hani Park and posed no flight risk.
In a surprising revelation, the court heard that the post-mortem had not yet been conducted and Mokoena’s body had not been released to the family for burial. The exact cause of death remains unknown.
The state argued that the accused should be denied bail due to concerns that they might attempt to influence witnesses if released. Prosecutors stated that if the accused were able to trace and assault the victim over a suspected crime, they could similarly target witnesses.
A petition submitted in court, marked as Exhibit “I”, claimed the accused were involved in community patrols to protect the villages. However, the state countered that their actions “went too far” and undermined the role of the police and the judiciary.”
If they had apprehended the suspect, they should have handed him over to authorities,” said the prosecutor.
Family spokesperson Matsholedi Mokoena expressed grief over Mpho’s death and called for justice.
“Even if he was caught committing a crime, he didn’t deserve to die. He should have been handed over to the authorities,” Mokoena said.
Meanwhile, the defence maintained that all the accused were still presumed innocent and emphasized the lack of credible evidence showing threats to witnesses or risks to their safety. They argued that no formal petition against the granting of bail had been submitted and that the court was consistently filled with community members supporting the accused.
“We never saw protesters demanding bail be denied,” said the defence. “The court’s role at this stage is to ensure attendance at trial, not to deliver judgment.”
The matter has been postponed to 7 July.
Accused number one is represented by Miss Mokgothu, accused five by Mr Noge, and the remaining eight by Mr Kaibe. All legal representatives confirmed their clients have no prior convictions or pending cases.
