Kazi death: Suspect denied bail

2012-08-22 15:30
Rudollph Viviers and Zane van Tonder. (Sapa)

Rudollph Viviers and Zane van Tonder. (Sapa)

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Johannesburg - A man accused of beating Muhammad Fayaaz Kazi to death was denied bail by the Krugersdorp Regional Court on Wednesday.

Magistrate Reginald Dama said he had "no choice" but to deny bail to Roedolf Viviers, 28, who faces charges of murder and assault with intent to cause grievous bodily harm.

His co-accused, Zayne van Tonder, 33, charged with assault, was granted R2 000 bail.

Dama said he was initially concerned this was too high as bail "is not used for the purpose of punishment".

He said that the accuseds' lawyer, Sakkie Smith, assured him R2 000 "fits his pocket".

The two allegedly made racist remarks to Kazi and his friend Anser Mahmood at a fast food outlet in Magaliesburg on 6 August. A fight ensued during which Kazi was severely beaten. He died in hospital.

On Tuesday, Smith read out an affidavit by Viviers in court, detailing why he believed he should be granted bail. Viviers said he looked after his ill and elderly mother. He was the sole breadwinner of his family and provided for his fiance and her young child.

Viviers had signalled his intention to plead not guilty to all charges. There was no risk he would skip bail, Smith said. He suggested that Viviers' bail be set at R5 000.

Prosecutor Micky Thesner said the State opposed bail as Viviers was accused of a schedule five offence which, according to the Criminal Procedure Act, requires him to prove exceptional circumstances existed to get bail.

The State did not oppose Van Tonder's bail application and suggested it be set at R2 000.

The matter was postponed to 29 November.

Read more on:    muhammad fayaaz kazi  |  roedolf viviers  |  johannesburg

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