Court rules suspect poses a danger to the community, and could destroy evidence
Sandiso Phaliso
The Athlone Magistrate Court has denied bail for Asiphe Sosanti, who is accused of shooting and killing ANC ward councilor Lazola Gungxe on 3 February.
Delivering his decision on 23 April, magistrate Keith le Kleur said the State has prima facie evidence linking Sosanti to the crime, and releasing him would be a risk to public safety, to witnesses, and not in the interest of justice.
Le Kleur said the court is “satisfied the state has a strong case” against the accused.
“There is a likelihood that the accused, if released on bail, will commit crime and intimidate the witnesses. There is a likelihood that the accused will evade the case if released on bail,” said Le Kleur.
In delivering the bail application judgment, Le Kleur said he had considered the petition handed to the State, which was signed by more than 900 community members against the accused being granted bail.
“The community is sick and tired of crime in communities,” he said, adding that he has taken into account the “seriousness of the case”.
The State alleges Sosanti acted with another person to murder Gungxe, who was shot after attending a community meeting in the Nyanga area.
Gungxe served as an ANC proportional representation councillor in the City of Cape Town and was linked to Subcouncil 13, which includes areas such as Nyanga, Gugulethu, Philippi and Crossroads.
Investigating officer Sidwell Ngaga said the police would be charging Sesanti with two additional charges in the due course.
Alibi claim
Sesanti said when the case goes to trial he will plead not guilty.
Family, friends and ANC members attended the proceedings at the magistrate’s court. Gungxe’s widow was also present.
Sosanti’s legal representative, Mlu Mabi, had argued there were exceptional circumstances for the accused to be released on bail.
Mabi said the investigating officer had testified that Sosanti is linked to the crime by two eyewitnesses, but Sosanti was in Khayelitsha, visiting a friend, “Mr Skhumbuzo”.
He said the state alleges Gungxe was shot between 2.45pm and 3.15pm, but Sosanti said he had taken an e-hailing ride from Khayelitsha to Mitchells Plain at about 3.04pm with a driver identified as Sbu. The e-hailing request was made at 2.58pm, said Mabi, adding that Skhumbuzo had provided an affidavit supporting Sosanti’s account.
He said after they spent time at a food outlet, they left Mitchell’s Plain at around 4:15pm.
“All this information was supplied to the state from the onset. Infact, the investigating officer was given the information, including the GPS information. If he had gone earlier, a couple of days earlier, and followed this information earlier, he could have gotten the footage,” said Mabi.
“It does appear that the investigating officer did go to the first driver, but unfortunately, the driver could not say who he took. There is nothing strengthening the state’s case.”
He said as Sosanti had an alibi, he should be released on bail.
Pending cases
Sosanti has two other previous cases against him, bing possession of an unlicensed firearm, and another case of murder. He was granted bail on both cases.
“The accused has never failed to attend those cases. It is baseless that the accused will evade this case,” argued Mabi.
He said the state should not “bow down” to demands and rather focus on looking for the “right people who committed the crime”..
The state prosecutor argued Sosanti has access to a firearm and has pending cases against him, one of which also involves a firearm.
He said the statement submitted by Skhumbuzo needed to be tested. He added the state had a strong case, Sosanti’s version of events was “clumsy”, and he was placed at the scene of the murder by two witnesses.
He argued that if Sosanti was granted bail, he could conceal evidence, including destroying the firearm used in Gungxe’s murder, as it had not yet been recovered.