Only one of the four suspects arrested in connection with the New Year's Day shooting in Jukulyn, Soshanguve, north of Pretoria, made their first appearance in court yesterday. The four additional suspects were implicated in the alleged murder of 14-year-old Vuyolwethu Ziwela, her police officer uncle Mpho Kgobotlo and Kgobotlo's friends, Phomolang Molakapatlo and Thando Dlamini. 

One of the suspect's matter was struck off the court roll by Magistrate Swart who said the police investigators failed to bring the suspect for his first appearance within 48 hours, which expired on Monday. "Section 50(1)(c) of the Criminal Procedures Act provides that an accused person should be brought before the lower court as soon as possible but not later than 48 hours after the arrest,"said the judge. Sizwe Msibi appeared alone in the Soshanguve Magistrates Court without the three other suspects. Msibi, who wore a bloodied white vest to court, claimed he had been assaulted by the police on Saturday during his arrest. Represented by his defence Mahlatsi Madire,  Msibi's co-accused George Nyathi, was apparently admitted in hospital on Monday night seeking urgent medical attention. Madire said the court failed to furnish him with proof that his client was indeed admitted to George Mukhari Hospital. "We've done cases where a person is shot and is not brought to court. There would be a document from the hospital, or the said clinic, that is brought by the public prosecutor when that application is made. At this stage we don't have that; we just have an SAP 10 occurrence book."

Msibi's defence, Steve Magoro, explained that his client being released is not the end of the case. "The court is upholding the law and the constitution to be adhered to by all role players. The police knew well that the accused was supposed to be in court yesterday, but they did what they did. They still have a chance to summon him to court. So, it is not like this matter is done and dusted." Magoro claims that his client was assaulted because the police wanted to force a confession out of him and for that he said, they will have to answer. "My client's was being beaten time and again by the police and as such he fears that he has internal injuries. But you could also see from the vest or t-shirt that he was wearing that was full of blood and proof that indeed he was assaulted," The accused will be back in court on Friday.