Waxa bail saga: minister steps in

KNYSNA NEWS - A Knysna community's outcry and violent protests against Molosi murder accused Velile Waxa's recent release on bail, prompted justice minister Michael Masutha to visit the town to gain insight into the matter and address the outraged community last weekend.

In Knysna, Masutha requested the prosecution to obtain reasons for the high court ruling for the purpose of possibly appealing Waxa's release.

Waxa, a former Knysna councillor, is one of four men arrested in connection with the murder of fellow Knysna councillor Victor Molosi near his home in Concordia in July last year.

Waxa, municipal official Mawande Makhala and Cape Town resident Vela Patrick Dumile, who are all three charged with Molosi's murder, were denied bail by the Knysna Magistrate's Court on 20 November last year. Waxa appealed the matter, which was heard and granted by the Cape Town High Court on 22 March.

The fourth accused, Mandla Tyololo, charged with conspiracy to murder, and whose trial will be heard separately, has also made a number of attempts at bail, with his latest bid to be heard by the Knysna Magistrate's Court on 6 May.

Three-hour briefing
After first meeting with relevant role players during a three-hour briefing on the case – including the investigating officer Detective Sergeant Barnard Wilson, senior police officials such as Knysna police station commander Colonel Atwell Metu, Eden Cluster commander Major General Oswald Reddy, Luitenant Colonel Siddique Khan, National Prosecuting Authority head control prosecutor Johan Engelbrecht and the prosecutor in the case MP Heyns – Masutha addressed concerned community members in the Apostolic Faith Mission Church in Concordia on Sunday 14 April. Before his address, he first opened the floor to questions from the community, and first to do so was one Siyabulela Tyawana, who has been at the forefront of marches related to the case thus far.

He told the minister that with Waxa's release on bail, people are not safe. "We don't know who is next, Molosi's wife and his children are not safe," Tyawana said. "During the by-elections, Helen Zille visited and promised Waxa supporters that he would be out and Waxa is indeed out. He is no longer a councillor and yet he appealed two cases in the high court. Who is funding these cases? There are people on the outside offering him financial support."

'Witnesses' lives not safe'
Another community member, Nokuthembela Maxam, said they as a community are devasted and out of desperation they might end up doing things they never thought of doing. "I wonder if anyone took a minute to consider how the lives of the witnesses or anyone who has had an interest in the case is now not safe," she said.

Nolufefe Mbalo, another community member, said she finds Waxa's release perplexing. "Whoever made the decision is not taking our pain into account or care," she said.

An elderly man, Tata uHili, also expressed his disappointment with the legal system that "protects the alleged perpetrators and not the victims". "People are worried about Waxa's children suffering – but what about Molosi's children? Why is the law so unjust?"

When it came to addressing the crowd, Masutha said that after hearing the reports from the police and prosecutors, he was not going to "take the rabbit out of the hat and give the other side a heads-up", but that he had requested the prosecution to obtain reasons for the high court ruling for the purpose of possibly appealing Waxa's release.

'Solid case'
He assured the community he is confident that the investigating officer and prosecution did all they could to collect evidence to present a solid case before court.

He then went on to answer the questions raised by the community.

On the issue of community safety, he said that should Molosi's family feel they are under threat at any stage, they should consult the investigating officer immediately and that, if the threat is posed by a person out on bail, the bail conditions would be reviewed and the bail possibly revoked.

On the issue of Zille promising to get Waxa out, he said Zille has no authority and that a judge acts independently.

On the allegations of Waxa receiving funding for his court cases, Masutha said he would leave it to the investigating officer. He added that should it be found that there are people funding it, their involvement will be looked into.

He also reminded the community that while the constitution supports a march or protest action, it prohibits the use of violence.

'Help the police'
Masutha then went on to plead with the community to support the police and prosecution, and to come forward with any evidence that could help the case. "Let it not only be the responsibility of the State alone but of all of us," he said, adding that cases are often lost because communities sit on valuable information that leaves gaps in the State's cases.

He also made it clear that he as the minister doesn't have the final say on what happens in court.

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