Following a lengthy risk assessment ordered by the State, the case against six suspects charged with the murders of 16 people at the Mdlalose tavern in Soweto was on Thursday moved from Orlando to the Johannesburg Magistrates’ Court.
The risk assessment was conducted after a meeting between the defence, State and presiding officers over the Orlando community’s threat to burn down the courthouse and local police station.
Magistrate AW Morton said the court would not put property and people at risk.
Tension
“This is a very emotional matter. Emotions are high. We cannot sit today. The court cannot sit in this venue. We will move this venue to the Johannesburg Magistrates’ Court,” he said.
Morton ordered all of the six accused to remain in custody without bail until the court sits in Johannesburg.
“It became clear to all of us that security assessment should be conducted. It was done. A risk assessment was conducted which then informed the court that the case cannot proceed,” said Phindi Mjonondwane from the Gauteng National Prosecuting Authority (NPA).
“They also threatened to burn the court building, which obviously raised concerns for us as the State because of paramount importance is the safety of everyone in court,” she said.
Mjonondwane said the fact that the Orlando Magistrates’ Court has only one entry and exit point was further motivation to move the case to Johannesburg.
“So, the matter is now being moved to the Johannesburg Magistrates’ Court. It’s a bigger court with more than one entry and exit point,” she said.
Chanting and singing
Nomzamo Park residents protest outside Orlando Magistrates’ Court in Soweto during the appearance of suspects on Thursday, 16 February 2023 in the Nomzamo Park tavern shooting trial. (Photo: Gallo Images / Luba Lesolle)
The Nomzamo and Orlando community arrived at the court in their numbers on Thursday morning. They were energetic in their anger, chanting in isiZulu and singing. Dozens of people waited by the main gate where the suspects were expected to make their entry in a police vehicle.
They held placards calling on the court to deny the suspects bail and for the state to bring back the death penalty. Protesters carried sticks, knobkerries and stones, and police officers struggled to contain the crowd, which was baying for blood.
Because of the security threat, the six accused appeared in court more than three hours late. Their legs and wrists were chained. They were transported back to prison in a police Nyala vehicle amid shouts of anger from the community stationed by the courthouse’s main gate.
The six suspects are accused of massacring 16 people at the Mdlalose tavern in Nomzamo Park, Soweto, in July 2022.
‘Burial society rivalry’
On Thursday, the bail application of the third accused, a former commander of the Hawks in North West, was to be adjudicated upon after the other accused abandoned their bail applications.
In his initial bail application in December 2022, the suspect told the court that burial society rivalry was at the centre of the tavern murders.
Mjonondwane denied that the State was being cornered or bullied as proceedings had to be moved to a presumably safer and bigger court.
“We are a listening State,” she said.
“The reason I say so is that we were asked by some community members to have a brief meeting with them. We then gathered other colleagues from the South African Police Service,” she said.
Mjonondwane said members of the community told the NPA and SAPS they wanted to meet with Police Minister Bheki Cele, Justice Minister Ronald Lamola and Home Affairs Minister Aaron Motsoaledi before the court delivered its judgment on bail.
“We want Cele to do his job. We are staying with illegal foreign nationals here. He must tell us whether these people came to the country to work or harass us,” said community leader Thembalakhe Jaxa.
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Three of the men charged are Lesotho nationals while the other three are South African citizens.
“We are ready for them. We are tired of being played by our own government. We are killed and nothing happens after that,” said Jaxa.
He insisted bail should not be granted to the accused.
“South Africans arrested in other countries do not get bail,” Jaxa said. “If they do wrong, surely things will be ruined and the court will burn.”
Asked if the State was being held to ransom by the community’s threats, Mjonondwane defended moving the court hearing.
“What we know for sure is that the justice system cannot be held to ransom. Work must continue whether or not the outcomes of our courts satisfy individuals,” she said.
The case was postponed to Monday, 20 February at the Johannesburg Magistrates’ Court.
“We can confirm that security measures are in place for Monday’s court appearance at the Johannesburg Magistrates’ Court,” said Mjonondwane.
The case has furthered divisions and xenophobic sentiment in parts of the community. DM
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