KNYSNA NEWS - The question in legal circles as to whether former Knysna Taxi Forum secretary Mandla Tyololo will be applying for bail yet again – after he was denied a bail application on "new facts" at the Knysna Magistrate's Court on 10 May – has surfaced again after Tyololo changed his defence team for the third time.
Every time an accused changes his or her legal representation, they are in a position to reapply for bail. Should Tyololo apply for bail another time, it would constitute his fifth attempt to date.
Tyololo is charged with conspiracy to commit the murder of Knysna ANC councillor Victor Molosi, who was gunned down outside his home in July last year.
The accused's original bail application was denied on 26 October under the representation of Carl Jeppe who withdrew from the case following his client's instruction after bail was denied by magistrate Flippie Hendricks. Then Tyololo applied for bail on "new facts" on 27 November with his new lawyer, advocate Ezra Morrison, but again Hendricks denied bail.
Morrison, on instruction of her client, made an appeal at the Western Cape High Court on 22 December but was unsuccessful. They made another bail application on 4 April with "new facts", which related to Tyololo's emotional status, the strength of the state's case and the alleged incomplete investigation. Morrison had indicated that her client is traumatised by his incarceration. When making his judgement, Hendricks said the facts presented before him did not constitute new facts and therefore, "application under new facts is denied", he said.
There are no limitations to the number of times that an accused can change legal representatives but because every new attorney must get familiar with the record, it is the discretion of the presiding officer to prevent it from becoming a delaying tactic.
On Tuesday 14 May, Tyololo appeared in the regional court for a pretrial proceeding with his new legal representatives, Dercksen Attorneys, but the matter was postponed to 27 May for his new lawyers to familiarise themselves with the case and because the prosecutor MP Heyns was not available.
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