Deaf pupils’ bail bid postponed

A formal bail application for five deaf pupils accused of killing their deputy principal continued in the Mthatha Magistrate’s Court yesterday amid much drama.

First senior state prosecutor Thembisa Ntloko applied for the case to be postponed to today after complaining of unbearable conditions inside a packed court B.

She said the air conditioner was not working and three fans brought in did not offer relief.

“This court is very, very hot It’s full to its capacity and there are people standing in front of the door. There are also no windows that can be opened,” she told Magistrate Zandile Mbilase.

She said the state was ready to proceed with the case but sweltering temperatures made it difficult for her to concentrate.

There was also a problem of no water in the magistrate’s court. She said this was despite informing the manager of the court building about the problem when the case was postponed last week.

“Last time it was hot but we were looking at the interests of the accused persons and we needed to proceed.”

The defence was not against the state’s application, but said if court managers failed to address the problem for a week now, it would not be fixed in one day.

They also argued that bail applications were “urgent” in their nature and that it was in the best interest of justice to make sure the applications proceeded without any further delays.

In the end, Mbilase stood down the case temporarily until a bigger venue in regional court A was found shortly before lunchtime.

The five accused – Luthando Silwana, Lunga Khimbili, Zukile Danti, Siwaphiwe Maboleka and Philasande Kinase – were arrested shortly after the murder of Efata School for the Blind and Deaf deputy principal Nodumo Mdleleni-Mzimane in July.

Mzimane, 50, was found with multiple stab wounds at the school with the murder weapon still lodged in her back.

While continuing to cross-examine 20-year-old Silwana, who protested his innocence, Ntloko said the investigating officer (IO) would argue the five had been hired by a female teacher at the school to kill Mzimane.

“The reason that she was killed was because she thought she was clever,” Ntloko charged.

She also argued that Silwana, who was with Khimbili at the time, had stabbed Mzimane several times.

Danti is accused of standing guard outside Mzimane’s residence at the school. Ntloko said the IO would also tell the court that Maboleka and Kinase had masterminded Mzimane’s murder.

Silwana and Khimbili said they were innocent, with the latter promising not to interfere with state witnesses should he be granted bail. The case continues today.

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