Middelburg – The High Court has ordered a fresh start to the bail hearing of three men accused of assaulting, kidnapping, and murdering Thembeni Mnguni and Wanda Mahlangu of Laersdrift, near Stoffberg.
Reinhardt Steyn, Chriswell Masilela, and Dumisani Luthuli were remanded in custody after the Middelburg Magistrates’ Court denied them bail in October last year. The decision was later appealed at the Middelburg High Court, citing irregularities.
The defence argued that the affidavit of one of the accused had not been commissioned.
In a judgment delivered in February this year, the High Court ruled that the matter be sent back to the bail court to be dealt with afresh, as there was no evidence under oath before the bail court.
“This court cannot find that there was evidence under oath placed before the court a quo. Neither from the record nor from the exhibits attached to the appeal record. This court cannot, on that fact alone, make a ruling on whether the appellants discharged the duty as required by section 60(11)(a) of the CPA. In the result, the following order is made: The matter is reverted back to the court a quo, or any other magistrate for that matter, to deal with the matter afresh in light of what was said in this judgment as there was no evidence under oath before the bail court,” said the judgment.
The men appeared at the Middelburg Magistrates’ Court on Thursday, March 13, for the bail hearing. The matter will continue on March 17.
Earlier, the court said that the accused failed to prove exceptional circumstances warranting their release on bail, while evidence submitted by the state suggests that the accused are responsible for the disappearance of Mnguni and Mahlangu, whose burnt bodies were found hidden in a heavy-duty woven polypropylene bag dumped under the bridge on Vandyksdrift Road in Middelburg.
The victims’ demise follows an alleged incident of assault and kidnapping that took place at Elandslaagte farm, allegedly managed by Steyn, after the victims were suspected of stealing sheep.
The accused are facing charges of assault, kidnapping, murder, attempted murder, malicious damage to property, and defeating the ends of justice. They, through statements read by their lawyers, Advocates Werner Jongbluth and Katlego Dolamo, denied any involvement in the alleged crimes.
Highlighting their strong opposition to bail, the Laersdrift community submitted a petition—accepted by the court as part of the exhibit—with more than 90 signatures.
When delivering his judgment, Magistrate Solomon Gololo said the court was in agreement with the state that the commission of the crimes had induced a sense of shock in the community. He added that the court had not solely relied on the petition handed in by the state. “The court also evaluated the state’s case and found it to be of such a nature that it outweighs the mere denial that is contained in the affidavits of the applicants,” he said.
When the bail application court’s decision was announced, the Mahlangu family—who now have to wait for a new ruling—welcomed it, saying it represented justice. ‘We think justice has been served so far, and we are happy that they [the accused] will stay in prison until they are found guilty,’ said May Mahlangu, Wanda’s uncle.
HC archive: Reinhardt Steyn (left), Chriswell Masilela (middle), and Dumisani Luthuli (right) are applying for fresh bail. They are facing multiple charges, including assaulting, kidnapping, and murdering Thembeni Mnguni and Wanda Mahlangu of Laersdrift. They were denied bail by the Middelburg Magistrates’ Court last year.
