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‘This magistrate has failed women’, says Phiri community after suspect in Mpho Msauli’s death granted bail

‘This magistrate has failed women’, says Phiri community after suspect in Mpho Msauli’s death granted bail
Bheki C. Simelane
By Bheki C. Simelane
21 Aug 2023
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Residents of Phiri in Soweto on Monday vented their anger at the Protea Magistrates’ Court for granting bail to a suspect in the shooting death of 26-year-old Mpho Msauli.

Eric Mlambo (40) was granted bail after being arrested in connection with the death of 26-year-old Mpho Msauli. She was shot and killed on the evening of Saturday, 29 July while on her way home with friends.

In granting Mlambo bail, Magistrate M Mthimkhulu said: “From the affidavit of the investigating officer, the applicant, when requested to hand himself over, did that. He handed himself over to the police.

“To argue that the applicant is a flight risk and should not be granted bail because if granted bail he will abscond, was incorrect,” she said.

“This court finds that it was not established that the applicant is a flight risk. There is no evidence presented suggesting that the applicant will tend to become a fugitive of the law when granted bail,” said Mthimkhulu.

“The applicant has no pending cases as he appears before me. The applicant has no previous convictions. The previous convictions that he has arose from traffic offences and no other convictions,” she said.

Mthimkhulu further said no arrest warrants had been issued in Mlambo’s name, that he had no passport, no relatives and had never been outside South Africa.

“It is for this reason that the court finds that the applicant succeeded in proving that exceptional circumstances exist which should warrant his release on bail. The applicant is therefore granted R5,000 bail with conditions.”

In terms of the bail conditions, Mlambo should not interfere with the investigation or witnesses.

Indictment


The state alleges that on 29 July, Mlambo was driving a maroon Toyota Quantum minibus taxi with his friend as a passenger. They were in Phiri when they saw three women in the street. Mlambo allegedly stopped the vehicle and they began flirting with the women, who said they already had boyfriends and weren’t interested.

Mlambo’s friend then spat on Mpho Msauli and she spat back. Mlambo’s friend allegedly then pulled out a gun and shot Msauli, after which they drove away. Mlambo subsequently opened a false case of hijacking. He later handed himself over to the police and was arrested. 

Also read in Daily Maverick: Mpho Msauli’s family says murder highlights taxi industry’s links to gender-based violence

Community outrage


Court proceedings descended into chaos while Mthimkhulu was delivering her ruling on bail for the accused. Furious Phiri residents left the court, clearly upset by her decision. Only Mlambo’s family members remained in court to hear the full ruling.

Elizabeth Mabaso, a member of Operation Dudula, said: “I am really worried by the magistrate who granted a person bail knowing very well that they are involved in a murder case. Right now, we are going to Phiri. We will block the street and no taxis will operate for months.”

Sanele Dlamini (26), one of Msauli’s friends, said the magistrate had “failed” them.

“I thought being a woman herself, the magistrate would fight for us as women in Women’s Month. We do not know what (Mlambo’s) next move will be. For us, it means Mpho will not get justice. She failed us as a woman, but as the community we will fight,” said Dlamini.

A day after Msauli’s murder, residents of Phiri and Mapetla expressed their outrage by blocking traffic, blockading roads in the area and demanding the speedy arrest of the accused.

Petition


During Mlambo’s appearance last week, the court read a petition by Phiri residents who were pleading with the court to deny Mlambo bail. By late Monday, the petition had garnered more than 900 signatures. 

Mlambo’s affidavit said he was not married, but had a girlfriend and a nine-month-old child. He was employed as a taxi driver and supported his son as the mother was unemployed. The affidavit said if bail was granted, he would abide by his bail conditions and would not evade the law.

He asked for bail to be set at R2,000.

Exceptional circumstances


Magistrate Mthimkhulu said Mlambo’s bail application concerned a schedule 6 offence, which warranted denial of bail. However, she said the accused would have to prove the existence of exceptional circumstances justifying his release.

Explaining exceptional circumstances, Mthimkhulu said they were “unusual, extraordinary, remarkable, peculiar” and that there were varying degrees of exceptionality, and this depended on the context and particular circumstances at that particular time.

She said the principles underlying bail demanded that no one should be locked up without good reason. Therefore, the consideration that the court needed to make was whether the applicant was likely to abscond.

She would not concern herself with the innocence or guilt of the applicant, but would focus on the bail application before her. 

A community policing forum leader, Mzwandile Qandule, said the CPF was opposed to granting Mlambo bail. 

“It’s unheard of that a man will spit on a woman and shoot her dead just because she does not want to fall in love with him. That is inhumane.”

The case was postponed to 5 September for further investigation. DM

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