Byline: Nonjabuliso Nhlambo
16 October 2024
Elias Jacob Mhlanga (57) appeared before the Evander magistrate’s court on Tuesday, 15 October 2024, for the hearing of his formal bail application. This comes after his appearance before the Delmas High Court, where his trial was set to commence but postponed to 2026.
Mhlanga is in custody facing charges of premeditated murder of the late Mr. Fani Khumalo, who was a taxi owner and member of the Vukanini taxi association.
Mhlanga has been in custody since December 2021; during his appearance, his legal team presented an affidavit before the court stating that they have new facts on the case. The defense submitted that since Mhlanga’s arrest, his health has deteriorated to the point that he is now on chronic medication.
New facts submitted before the court: Mhlanga submitted that his family would fall into poverty if he was not released on bail, although his wife is employed.
He suffered material financial loss after his company was liquidated, his son is unable to continue his tertiary education due to the lack of finances, and his other children will drop out of school. The state is unable to show what motive he had to commit the crime.
Furthermore, the defense submitted that Mhlanga will lead evidence that he was unlawfully arrested.
Mhlanga still maintains his innocence in the orchestration and planning of the gruesome murder of Mr. Fanie Khumalo.
The state prosecutor, Mr. Moloto, presented before court a petition from the Vukanini taxi association and one from the Khumalo family stating how they felt about Mhlanga’s application.
The investigation officer, detective Malatjie of the SAPS, took to the witness stand opposing the release of Mhlanga on bail, stating that if Mhlanga is released, there would be bloodshed in the community.
Malatjie argued that Mhlanga is contradicting himself on his affidavit, stating that his family would fall into poverty when his wife was working. He further said there is NSFAS to help students with fees; therefore, if Mhlanga’s son wanted to study, finances would not be a problem. Furthermore, Malatjie stated that correctional services have the best health professionals to care for ailing prisoners.
Members of the VUKTA taxi association came out in numbers; some filled the courtroom, while others waited patiently outside the court for updates.
The court denied Mhlanga’s bail application; he is remanded in custody until the year 2026 for the proceedings of the trial.
