Residents of Nomzamo Park and around Orlando, Soweto, have reacted with anger to the granting of bail to one of the suspects allegedly involved in a mass shooting that left 16 people dead at the Mdlalose tavern in July last year.

The accused, who cannot be named due to a court order preventing identification of the suspects, was granted R35,000 bail at the Johannesburg Magistrate’s Court on Monday.

He is among six suspects arrested in connection with the murders. 

Initially, five suspects were arrested for the murders, but at the Orlando Magistrate’s Court some weeks ago, a sixth suspect was apprehended. 

Read more in Daily Maverick: “Sixth accused arrested for Soweto’s Nomzamo Park tavern shooting makes first court appearance”

The State alleges the six suspects were part of a group that entered the Mdlalose tavern in July last year and fired more than 130 shots at patrons, killing 16 and leaving several injured.

Charges include 19 counts of murder, multiple counts of attempted murder, robbery with aggravating circumstances and possession of illegal firearms and ammunition.

Nomzamo Park residents protest during the appearance of suspects in the Nomzamo Park tavern shooting. (Photo: Gallo Images / Luba Lesolle)

Last week, the Orlando Magistrate’s Court decided the matter should be heard at the Johannesburg Magistrate’s Court after Nomzamo Park residents threatened to set the court alight if any of the accused were granted bail.

“Only six out of more than 20 of the killers have been arrested, but they are already being granted bail. We are not happy,” Nomzamo community leader Thembalakhe Jaxa said.

Call to meet police minister

Minister of Police Bheki Cele. (Photo: Hoseya Jubase)

Jaxa said the community wanted the case to be stopped and a meeting held with Minister of Police Bheki Cele.

“We want Cele to explain to us what exactly is happening in South Africa that, while more arrests are outstanding, their co-accused get bail,” Jaxa said.

“What other proof do we need that there is no justice for the poor in South Africa? How can you release an accused when more of his accomplices are yet to be arrested? We will put up a fight when the case returns to Orlando,” said Mlungisi Xaba, who lost his cousin in the Mdlalose tavern shootings.

“We will force the proceedings to a halt when the case returns to Orlando. Our brothers and sisters are dead, yet their killers are freely roaming the streets. We will fight this because either there is no justice in South Africa or there is no truth to justice,” said Winneth Dlamini, who lost his 36-year-old son, Sibongiseni, in the same incident.

“We will meet fire with fire because clearly the law is failing us. We also have hands and eyes and can shoot back if the law can no longer protect us by giving dangerous criminals bail,” another Nomzamo resident said.

In granting bail to the suspect, magistrate AW Morten said the State had failed to produce solid evidence linking the accused to the murders.

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“He (the investigating officer) could not indicate that the accused is directly involved in the shooting,” Morten said.

The suspect released on bail is a former Hawks commander in North West. He was not in court when bail was granted because he had reportedly suffered a minor stroke.

The accused previously told the court that the murders were a result of rivalry between two Basotho miners’ burial societies, Terene Ea Khosi Chakela and Terene Ea Khosi Chakela.

Read more in Daily Maverick: “ ‘Burial society rivalry’ at the heart of Nomzamo tavern mass shooting, says one accused at bail hearing”

Speaking to Daily Maverick on Tuesday, PJ Venter, lawyer for the accused released on bail, said: “At this stage, I don’t think the State will be able to get some evidence against my client. They have been investigating this matter since two or three months before my client was arrested. My client has been incarcerated for months.”

Venter said: “My client has maintained his innocence right from the beginning and I believe he has been vindicated.”

Venter said the court rightfully found that it was not his client’s fault that some accused did not want to cooperate, especially knowing that they were facing life imprisonment if convicted.

“They have a team of eight senior Hawks detectives on the matter and at this stage they still cannot prove or link him to any of these cases. That must tell you that if they haven’t found any evidence by now, there is no evidence. I am not convinced… I think the charges against my client will never go to trial,” Venter said.

Residents of Nomzamo and Orlando arrived at the Johannesburg Magistrate’s Court on Monday carrying sticks, knobkerries and shields. They were denied entry to the courtroom.

The case was postponed until 12 June for further investigation. DM