KNYSNA NEWS - A prediction by a Knysna magistrate that public disorder was likely in the event of Victor Molosi's murder accused being released on bail, became a reality last week when the town was dumped into disarray upon the news of Velile Waxa's successful bail appeal in Cape Town on 22 March. By late Friday the town was in a sombre mood and the tension tangible, reports Nwabisa Pondoyi.

As soon as the news broke about Waxa's release from custody, not only did it leave the family of slain councillor Victor Molosi in shock but the initial disbelief in some circles in his hometown did not take long to break out into violent protests – a consequence that was effectively predicted by local magistrate Denise Oberholzer when she denied bail last year.

Waxa is one of three men charged with the murder of Molosi, who was the ANC councillor in Knysna's Ward 8 when he was gunned down outside his house in Concordia in July 2018. Waxa, who used to be the councillor for Ward 4, had been in custody since his arrest in August and he and his co-accused were all denied bail on 20 November. His lawyer Daan Dercksen filed for appeal shortly thereafter.

Knysna to 'shut down'?
With these latest developments, there is no knowing what could happen today when the trial of Waxa and his co-accused Mawande Makhala and Vela Patrick Dumile is set to start, as anonymous sources told Knysna-Plett Herald that the town was going to be "shut down".

Before ruling against their release last year, Oberholzer explained that there was a strong possibility that the accused would interfere with the case, that they all knew the main (unnamed) witness and that, as testified by investigating officer Barnard Wilson, there had already been attempts to manipulate the witness. Oberholzer also pointed out the exceptional nature of the case, not only because prima facie evidence indicated that the murder was politically motivated but – taking in account the numerous rallies, marches to court and packed galleries, and the general public outcry since Molosi's murder – because of the enormous public interest which the case had elicited from the outset.

"The probability of public disorder is very likely if the accused are released on bail," she said.

Legal principle explained
This did not prevent the Cape Town High Court from overruling the initial finding that denied bail, based on the same information before Oberholzer. 

Dercksen indicated the legal principle according to which his client was initially denied, and eventually granted, bail. He explained that the bar is set very high for bail applicants in premeditated murder cases. In order for an accused to be released on bail, he must indicate that exceptional circumstances exist justifying his release. The magistrate in the initial application found that the bar had not been met.

The exceptional circumstances justifying his release were presented to the court of appeal in an affidavit and motivated the court to overturn the lower court's decision. In it, Waxa stated he would plead not guilty. He also stated that the state's case will not be prejudiced if he was to be released. He indicated that he has never been convicted of a crime and that he has never left the country and was not a flight risk. The exceptional circumstances upon which he relied further included his status as main breadwinner for his household and the fact that he is a father of five. Three of his children are still minors.

'Custody prejudices Waxa family'
Waxa argued that his family would be prejudiced unjustifiably if he was not released on bail.

"My family will suffer grave emotional and financial harm if I were to be denied bail," the affidavit stated.

He denied that the lives of his family or his own life would be in danger if he was to be released. The court found in his favour and granted bail subject to a number of conditions.

The bail appeal order states that Waxa was to be released upon payment of R10 000 (paid for by Waxa's family according to Dercksen), with bail conditions including that he should attend all court proceedings; refrain from having any direct or indirect contact with witnesses; and that he should stay at an undisclosed address outside of Knysna "until commencement of the envisaged criminal trial, when alternative bail conditions will be considered by the presiding officer".

'We did all we could'
Western Cape National Prosecuting Authority spokesperson Eric Ntabazalila said, "We did all we could but in the end the decision rested in the hands of the presiding officer."

Molosi's family was utterly shocked to find out about the news – which reached them through social media. 

"The law has failed us as a family," said Molosi's sister Luleka Molosi. "We were shocked to learn that Waxa won the appeal and is out on bail. Our children found out about this on Facebook and are gutted… We all are, we really didn't see this one coming. They might as well release all of them."

The ANC's subregional secretary Moyisi Magalela said they as a community are hugely disappointed with the justice system and that the news of Waxa's release has left them devastated.

Molosi supporters march to Waxa home
So upset in fact, that community members took to the streets and started burning tyres on Friday. Some marched to Waxa's home but upon arrival they were allegedly confronted by Waxa's supporters stationed outside his home carrying all kinds of weapons.

This is according to Molosi supporter Yandiswa Mahe, who said they marched there because they could not believe the news and wanted to see for themselves, although their group was unarmed.

Other residents proceeded to the N2 and burnt tyres there. They were later dispersed by the police who used rubber bullets and teargas to disperse them, with some reportedly sustaining injuries.

Various wards nominated a delegation to seek answers from the Knysna Magistrate's Court and were attended to by court manager Buyiswa Mayekiso. They tabled their issues, which included how they struggled to understand how Waxa got bail. Mayekiso, after meeting with the chief magistrate, then explained that a magistrate's court does not have the jurisdiction to change a high court's order. Mayekiso added that those who seek to appeal any court's decision should start by obtaining legal advice.

'Waxa has people ready to fight'
The delegates stated that they feared for their lives with Waxa walking free. This fear motivated their request for anonymity. They speculated that Waxa "has people who are ready to fight for him as much as we are fighting for Molosi". The delegates were advised to approach the police with any criminal complaints or safety concerns, because the court's jurisdiction does not extend to crime prevention. Some community members threatened that if Waxa were not locked up again, that the N2 will become unusable.

Knysna police confirmed the use of rubber bullets and teargas and spokesperson Sergeant Chris Spies said a case of public violence was opened after a group of people blockaded the N2 highway with burning tyres on Friday, and that a 47-year-old suspect was arrested.

"Preliminary investigation indicated that windscreens of two vehicles were also damaged during the protest. Two cases of malicious damage to property were also opened for further investigation," he added.

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