Bail or death – accused

13 April 2007

PAUL KIRK
DURBAN – High-profile church leaders are expected at a bail hearing today when a group of five shack residents accused of murder appear in the Durban Magistrate’s Court.

The five, all members of the Durban group Abahlali Base Mjondolo, have been on a hunger strike in Westville Prison for 12 days.

They are accused of murdering Mzwakhe Sithole, 26, whom the State alleges they beat to death with the assistance of others who have yet to be arrested.

Sithole allegedly mugged and stabbed a resident of the Kennedy Road informal settlement who was out jogging – leaving him for dead after taking his running shoes.

Yesterday S’bu Zikhode, one of the founders of the shack dwellers’ movement Abahlali Base Mjondolo, said that after the mugging community members had found Sithole and captured him.

The victim identified Sithole as his attacker. The community then called the police, who arrested the man.
Zikhode said it was believed members of the Kennedy Road settlement had roughed up Sithole – but that he was in good health when arrested.

Zikhode said he understood the man had died some days after he was arrested by the police – and claimed that Sithole was fatally injured while in the custody of Sydenham Road Police Station detectives.

The five accused are in the hospital section of Westville Prison, where prison authorities have been trying to persuade them to end their hunger strike.

On Wednesday the Anglican Archbishop of Durban, Reuben Phillip, visited them in hospital. Zikhode said prison authorities had allowed him and the Archbishop to visit the men in the hope they could be convinced to end their hunger strike.

Zikhode said the five had instructed him to relay the message that they would continue the strike until death unless they were granted bail today.

The State has so far opposed bail, claiming they are still looking for accomplices, and need time to investigate.
The State also claims they may interfere with the investigation.