08-05-2025
Alleged Mark Lifman hitmen appeal to Western Cape High Court for bail
Judgment has been reserved in the bail appeal of two alleged hitmen accused of murdering Cape Town businessman Mark Lifman.
The defence argued the Magistrate's Court wrongly required the accused to prove they would be acquitted at trial to be granted bail.
The State says there is overwhelming circumstantial evidence linking the accused to the planned and premeditated murder.
Judgment has been reserved in the Western Cape High Court in a bail appeal by Gert Bezuidenhout and Johannes Hendrik Jacobs, who are accused of killing alleged underworld figure Mark Lifman.
They are challenging the George Magistrate's Court's decision to deny them bail earlier this year, arguing that the lower court misapplied the law.
The pair's advocate, Mike Hellens SC, argued the magistrate had erred in interpreting the legal standard for bail under Section 60(11)(a) of the Criminal Procedure Act.
According to Hellens, the court incorrectly required the accused to prove they would likely be acquitted at trial, a higher threshold than what the law demanded.
'The act does not require an applicant for bail to demonstrate a likelihood of acquittal,' he submitted.
'The magistrate failed to appreciate that the applicants did not rely on the weakness of the State's case, but rather on strong personal circumstances and the absence of direct evidence.'
Bezuidenhout and Jacobs have been in custody since their arrest shortly after Lifman's murder in November 2024. They were denied bail in January when the George Magistrate's Court found they failed to show exceptional circumstances.
Hellens criticised the magistrate for failing to consider their personal circumstances, including fixed addresses, property ownership, and an ability to post bail, as exceptional.
He also questioned why they were still being held when no firearm residue was found on them, and the investigation remains incomplete.
Responding for the State, advocate Evadne Kortje argued that there was compelling circumstantial evidence against the pair.
She said police seized items, including 9mm ammunition, three wigs, helmets, duct tape, phones and dashcam footage linking them to the crime.
Kortje told the court that Jacobs was identified as the driver of the getaway vehicle, while Bezuidenhout's fingerprints were found on the altered number plates of a VW Polo linked to the murder.
She added that both accused have connections to countries outside South Africa, raising flight risk concerns, despite having surrendered their passports.
'The appellants have the means and can afford to forfeit any bail amount,' Kortje said. 'Extradition is possible, although costly and will wholly depend on the country.'
The court is expected to deliver judgment on the appeal next week.
In the meantime, the main case has been transferred to the George Regional Court for trial.
