Constable who shot teen denied bail

2012-04-25 17:52

Johannesburg - Student constable Sipho Mbatha, accused of shooting dead a Soweto teenager, was denied bail in the Roodepoort Magistrate's Court on Wednesday.

Handing down her ruling, Magistrate Delise Smith said several factors played a role in the findings.

"The fact that in his own version [of what happened] the accused seemingly admits negligence. The fact that in the past the accused threatened to commit suicide because of personal problems," Smith said.

"Outrage will be of such that the criminal justice system will be brought into disrepute if he is out on bail... Therefore, bail is denied."

Shooting

Mbatha, 41, sat in the dock wearing a black shirt, black jeans and a brown jacket. He was applying for bail after he allegedly killed 16-year-old Thato Mokoka in Braamfischerville Phase Two, Soweto, on February 14.

The teenager was shot three times with an R5 rifle, while lying on the ground on his stomach outside the home of his grandmother Sybil Mokoka.

Smith read out the evidence given during the bail application. There was an altercation between teenagers in Dobsonville, in which Mokoka was involved. Parents complained that Mokoka had a firearm and the police were called. Officers armed with R5 rifles went to Mokoka's grandmother's house to investigate. Due to the claims that Mokoka was armed, they took their firearms off safety mode, Smith said.

Mokoka was found in a shack with two girls, but no gun was found. He was taken outside and made to lie on the ground.

"This is where the scenario becomes a little cloudy," Smith said.

Mbatha claimed he bent over to search Mokoka when the shots went off.

"Negligence might be proven, but it is not my place to make a finding. That is for trial," Smith explained.

Suicide threat

In a previous court appearance, witnesses said Mbatha tried to commit suicide.

"I find that the applicant had on the 16th of December 2011 tried, or had threatened to commit suicide."

It was clear that local residents had threatened Mbatha's life. Smith said this was taken into consideration, although the public could not prescribe to the court what should be done.

"The community is clearly threatening the safety of the applicant if he is released on bail."

The matter was postponed to June 1 for further investigation.

- SAPA

Read more on:    sipho mbatha  |  thato mokoka  |  johannesburg  |  soweto  |  police brutality
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 
Traffic
Lottery
 
  • Thursday Franschhoek - 10:32 AM
    Road name: R45 Both Ways
    DELAYS on Franschoek Pass
  • Thursday Cape Town - 10:28 AM
    Road name: N1 Inbound
    ACCIDENT at the Lower Church Street exit - expect delays
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Samsung Galaxy S III 16GB

There are no straight lines in nature. The Samsung  GALAXY...

From R3525.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may be required to travel or get information for your job. This may be restricting in some way or something may slow things...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.