Latest news with #MthathaMagistrate'sCourt
IOL News
3 days ago
- IOL News
WSU Protest: Students to appear in court after violence erupts over bail decision
Five Walter Sisulu University students will appear in court on Thursday. Five people arrested in connection with violent protests at the Walter Sisulu University (WSU) in the Eastern Cape are expected to appear in court on Thursday. According to police, protests turned violent at the institution's Mthatha main campus after news emerged residence manager, Manelisi Mampane, was granted R10,000 bail by the Mthatha Magistrate's Court on Tuesday. Mampane is accused of fatally shooting student Sisonke Mbolekwa during a protest in April this year. At the time, the students who were protesting over the poor condition of residences were reportedly marching towards the manager's on-campus residence when live shots were fired.
The Citizen
3 days ago
- Politics
- The Citizen
Higher education chair condemns WSU student protest as EFF launches petition
In response to the bail decision, the EFF Youth Command called upon the NPA to file an urgent appeal against the bail decision. The decision by Mthatha Magistrate's Court to grant bail to Manelisi Mampane, accused of murdering Walter Sisulu University student Sisonke Mbolekwa, has drawn sharp criticism from parliamentary and political leaders who question the integrity of the justice system and warn against violent student protests. The chairperson of the portfolio committee on higher education, Tebogo Letsie, cautioned WSU students that disagreement with the Mthatha Magistrate's Court's decision to grant bail to Manelisi Mampane does not justify violent protest. Meanwhile, the Economic Freedom Fighters Youth Command launched a campaign on to have the bail decision overturned in the case involving the fatal shooting of student Sisonke Mbolekwa. Mampane faces charges of murder, attempted murder of two other students, and unlawful possession of a firearm and ammunition following a shooting incident at the university campus. Students at the university were unhappy about Mampane's release, which prompted demonstrations by students at the University's Mthatha campus on Wednesday morning. The fresh protests prompted police deployment and the closure of the N2 highway. The protests began in the early hours of Wednesday, at approximately 5am, with students burning tyres and blocking the main N2 road between Durban and the town centre. Police responded with rubber bullets and tear gas to disperse the demonstrators, who shielded themselves with cardboard and foam materials while wearing balaclavas to avoid identification. Parliament warns against WSU students violent protests Letsie issued a stern warning to protesting students on Wednesday, cautioning that disagreement with court decisions does not justify actions that threaten public order and safety. 'While we understand the deep pain and frustration students may be feeling following the tragic and senseless killing of their fellow student, resorting to violent protests and damaging property is not the answer,' Letsie said during a portfolio committee meeting in parliament. The parliamentary leader specifically condemned road blockages and tire burning incidents that followed the bail decision, arguing that such actions divert police resources from combating serious crimes, including gender-based violence. Letsie expressed hope that justice would ultimately be served, while emphasising the need for lawful responses to the court's decision. 'Destruction only sets us back and hinders our collective progress,' he said. 'We are hopeful that justice will be served and that the matter will continue to receive the attention it deserves. However, we must channel our emotions constructively and within the confines of the law. Furthermore, we call upon the university not to bring the perpetrator back to the institution, and he must be placed on special leave,' Letsie added. ALSO READ: 'SAPS has no authority over judicial decisions': Police respond to new WSU student protest WSU leadership called to action Letsie directed his appeal to the university's Student Representative Council, urging them to provide leadership during the crisis and protect community infrastructure. He emphasised that destruction of property would only hinder collective progress and called for de-escalation efforts. 'Lastly, we urge the SRC to engage with students and help de-escalate tensions. It is vital that we avoid further incidents that could lead to harm or damage to university and community property.' ALSO READ: Walter Sisulu University murder case: Magistrate accused of bias after employee granted R10k bail EFF youth command condemns bail decision The Economic Freedom Fighters Youth Command (EFFYC) launched a petition demanding the revocation of bail, while condemning the magistrate's decision as evidence of a justice system that favours criminals over victims. The party expressed strong dissatisfaction with what they characterised as a dangerous precedent. It further highlighted the severity of the charges against Mampane, noting that he allegedly brought an unlawfully possessed firearm onto university premises, designated as a gun-free zone, and opened fire on unarmed students from behind. Additionally, the youth organisation argued that allowing such an individual back into society, even temporarily, sends a disturbing message about the value placed on students' lives. READ MORE: Walter Sisulu University's protest shooting denial Procedural concerns raised The EFF Youth Command outlined several procedural irregularities that they observed during the bail process, which contributed to their concerns about the case's handling. These included the downgrading of the matter from Schedule 6 to Schedule 5, which lowered the threshold for securing bail despite the serious nature of the charges. The party also raised alarm about the accused's alleged relocation to a 'safe house' with an address unknown to the investigating officer. They noted that the court rejected an affidavit from a senior police official denying knowledge of the address, yet the magistrate relied solely on claims that the address had been provided. Additional concerns centred on the risk of witness and evidence interference, given that the accused now has access to electronic communication and Walter Sisulu University's ICT and student databases. The youth command emphasised that at least one surviving victim has expressed fear for their life. It also questioned the abrupt change in magistrates, court delays allegedly due to fuel shortages for a generator, and what they described as an unexplained interruption and hasty conclusion of the judgment, raising concerns about the transparency and integrity of the proceedings. Broader justice system critique The youth organisation placed the bail decision within what they described as a worrying pattern in South Africa's justice system, where cases with overwhelming evidence and significant public interest fail to deliver credible outcomes. 'While the EFFYC remains adherent to the constitutional democratic practices that empower the courts on matters of dispute, we take the view that the justice system must be seen to be just so as not to erode public trust,' the organisation stated. 'The justice system has the potential of being overridden by the public, where justice is not being accepted by the public as a means to protect all those who cannot do so independently.' The EFFYC warned that when courts fail to take public trust and concern seriously, communities will find alternative ways to respond to what they termed 'small-time, cheap rascal criminals such as the accused Manelisi Mampane.' ALSO READ: Man arrested for Walter Sisulu University shooting Calls for legal action and accountability In response to the bail decision, the EFFYC called upon the National Prosecuting Authority to file an urgent appeal against the bail decision and pursue a review of the matter's handling. They also demanded accountability from the magistrate who presided over the bail hearing, arguing that the observed irregularities warrant scrutiny of the official's conduct. The organisation expressed solidarity with WSU students, whom they described as having been failed by the Department of Higher Education, university management, and now the courts. They reiterated support for the families of Sisonke Mbolekwa, Lizwa Ndzumo, and Sethu Ndamase during what they characterised as a time when the justice system has delayed retribution. Related case raises additional concerns The EFFYC also noted concerns about another bail application scheduled for the same day in the case of Sethu Ndamase, a 20-year-old medical student allegedly shot by university security on 12 March 2025. The organisation expressed hope that similar errors would not be repeated and that the court would act appropriately given the weight of the allegations. They emphasised that Mbolekwa was part of the WSU student community and called for black youth to unite unconditionally in her memory and in the cause of justice. NOW READ: Boy shot dead in Westbury as 'gang members roam freely'
The Citizen
5 days ago
- General
- The Citizen
Walter Sisulu University murder case: Magistrate accused of bias after employee granted R10k bail
The presiding officer reportedly adjourned proceedings in the middle of delivering the bail ruling. The Walter Sisulu University (WSU) residence manager accused of fatally shooting a student has been granted R10 000 bail. Manelisi Mampana appeared at the Mthatha Magistrate's Court on Tuesday to learn the fate of his bail application. The accused is facing charges of murder, attempted murder and possession of an unlicensed firearm and ammunition. The charges are linked to the death of WSU student Sisonke Mbolekwa. It is alleged that Mampana shot and killed Mbolekwa on 15 April, during protests at the university's Mthatha campus, with an unlicensed firearm. Two other students, Ntando Gqetywa and Lizwa Ndzumo, were also injured in the incident. Bail judgment in Walter Sisulu University murder case Magistrate Sibusiso Xolo handed down the decision after hearing arguments from both the state and the defence. Ncedo Kolanisi, spokesperson for the Mbolekwa family, expressed their disappointment. 'We are quite shocked,' Kolanisi told the media outside the court. ALSO READ: Court blocks Walter Sisulu University student evictions He raised concerns over the handling of the proceedings, particularly after the court briefly adjourned in the middle of delivering the bail ruling. 'We saw signs of the judge or the magistrate being biased. I don't know why, but my suspicions are certain friends of the accused have gotten to him. 'It is unprecedented for when a judgment is being handed down, a note comes to the judge and then the judge all of a sudden adjourns; then goes out and comes back.' No address Kolanisi also criticised the magistrate's lack of consideration of key issues, including Mampana's residential status. 'He is able to intimidate and deregister students as and when he pleases. He ignores the fact that he doesn't have an address. 'It is unprecedented for a person to be released without an address.' READ MORE: Power outage delays Walter Sisulu University murder case He warned that the ruling could set a dangerous precedent in future bail applications. 'So it means that all the lawyers that are coming in now that are here to stand in for people that have done all sorts of crimes, that they can use this judgment and say that in the matter of Manelisi Mampana versus the state, he was granted bail even though he did not have an address. 'I can kill somebody and come back tomorrow in court and say that I have a safe house that even the investigating officer doesn't know about,' Konalisi added. Walter Sisulu University launches internal investigation Mampana was placed on precautionary suspension by the WSU's council, while an investigation into whether the manager is guilty of misconduct continues. The council also resolved to establish a commission of inquiry into the events that took place at the Mthatha campus. Retired Constitutional Court Judge Chris Jafta will chair the inquiry, with advocate Bayethe Maswazi acting as evidence leader. The commission's mandate is to investigate and make recommendations on the circumstances surrounding the shooting on 15 April. READ MORE: Walter Sisulu University's protest shooting denial It has been given three months to submit a final report and recommendations to the WSU council. An interim written report, containing preliminary findings and recommendations, is expected within one month of the commission's appointment. The South African Human Rights Commission (SAHRC) has also initiated a formal inquiry into the lawfulness of the use of force by law enforcement and private security during student protests. The SAHRC is in the process of finalising its report, which will include its findings and will be released in the coming months.
