GQEBERHA – The murder case against two men accused of killing ANC Ward 27 councillor Sicelo Mleve was postponed to 15 September at the New Brighton Magistrate’s Court on Monday, 13 July, to allow police to continue with their investigation.

Before the postponement, the court delivered its ruling on an application by members of the media seeking permission to record court proceedings.

The application was opposed by both the State and the defence. The State argued that not all witnesses had participated in an identification parade involving the accused, while the defence argued that revealing the identities of the accused would prejudice their right to a fair trial.

In delivering judgment, the court found that there was insufficient evidence to conclude that recording court proceedings would prejudice the matter and granted the application, subject to conditions. Photographs of the accused will only be published at a stage of the proceedings when it is appropriate to do so.

When proceedings resumed, the defence advocate requested access to the statements made by the two accused, as well as any photographs or video footage depicting them. He told the court that the defence was not seeking access to the entire police docket, but only to material directly relating to the accused.

The defence argued that withholding the statements was unconstitutional, submitting that the statements belonged to the individuals who made them. He further argued that any photographs or video footage depicting the accused should likewise be made available to them.

The defence also alleged that the two accused had been “tortured” by police following their arrests. The defence further told the court that the accused allegedly have marks supporting the allegation and signed documents without knowing what they were signing. He said the defence was not bringing a formal application before the court at this stage, but merely wanted the court to be mindful of the allegations.

In response, the State said the accused would be afforded an opportunity to view the statements they had made at a later stage in the proceedings, but that the appropriate time to do so had not yet arrived. The prosecution also told the court it had no photographs or video footage of the accused in its possession to disclose to the defence.

The State further indicated that its investigation remains ongoing. Outstanding aspects include obtaining all witness statements, completing identification parades involving all witnesses, analysing the accused’s financial and cellphone records, and awaiting the ballistic report.

The two accused also abandoned their bail applications at this stage.

The court also heard submissions relating to the detention conditions of accused number one, Lufunolwethu Nyodi.

The defence submitted that Nyodi was being detained at the Makhanda Correctional Centre after authorities cited an alleged threat to his life. It further alleged that he was being held in solitary confinement, had limited access to sunlight and had been provided with a private chef as part of the arrangements at the correctional facility.

The defence successfully applied for Nyodi to be transferred to the North End Correctional Centre. The court further ordered that should a private chef not already be available at the North End facility, the arrangement previously afforded to Nyodi in Makhanda should continue following his transfer.

Nyodi (20) and co-accused Ahlumile Stofile (21) face charges including, but not limited to, murder, robbery, and the unlawful possession of a firearm and ammunition. Additional charges are expected to follow.

According to South African Police Service (SAPS) spokesperson Captain Majola Nkohli, two armed male suspects allegedly stormed the office where a meeting of about 10 people was underway in an apparent robbery.

“One of the suspects fired upon the 45-year-old councillor, inflicting multiple gunshot wounds, before fleeing the scene,” Nkohli said. “The victim sustained several gunshot wounds and was declared deceased at the scene.”

The matter was postponed to 15 September, and both accused remain in custody.

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