Phakoe’s killers freed on R100 000 bail

2013-05-12 14:00

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The former Rustenburg mayor and his bodyguard convicted of ­murdering ANC councillor Moss ­Phakoe are free – for now.

Matthew Wolmarans and his former bodyguard, Enoch Matshaba, were granted R100 000 bail on Friday afternoon in the North West High Court.

The pair applied to be released on bail after being granted leave to appeal their convictions on April 29.

Wolmarans and Matshaba were found guilty last year of murdering Phakoe, who was shot dead ­outside his Rustenburg home on March 14 2009.

Phakoe was murdered shortly after handing over a dossier to the ANC leadership in the province that detailed alleged corruption in the Rustenburg municipality.

Wolmarans was sentenced to 20 years and Matshaba received a life sentence for the crime.

Frank Lesenyego, spokesperson for the National Prosecuting ­Authority (NPA) in the North West, said lawyers for Wolmarans and Matshaba had presented three ­affidavits ­during the bail ­application. He could not elaborate on these because he had not seen them, Lesenyego said.

“They have not been presented before the court yet, but will come to light during the appeal,” he said.

The case will be heard before a full sitting of the Supreme Court of ­Appeal on June 7.

“As the NPA we respect the ­ruling of the court, but we are ­disappointed. We are still confident though that they won’t succeed (in their appeal),” said Lesenyego.

Phakoe’s daughter, Karabo, wept as she talked about the ruling.

“I wish people could understand what we are going through, reliving this over again. I am angry, disappointed and hurt,” she said.

She said the NPA had told her new evidence was presented and this was why the pair had been granted leave to appeal.

“But this is not fair,” Phakoe said.

Cosatu’s North West regional secretary, Solly Phetoe, said he had also heard there was new evidence being put forward.

“We have decided that we aren’t going to say much, but you can see that there is a lot of money to spend in making sure that the state is on their side,” he said.

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