Bethuel Ngobeni, Dumisa Moyo, Nhlanhla Magwaca, Moseki Sechele, Thabo Sechele and Khudzai Mashaya have been identified as the alleged zama zama kingpins. The accused appeared at the Oberholzer Magistrate court in Carltonville on Wednesday. They were arrested on yesterday in an operation by the Hawks and SAPS. Fourteen of their high powered vehicles and a truck were seized. They are charged with four counts fraud, possession of ammunition, possession of drugs, and the contravention of the Precious Metals Act.
CITIZENSHIP TO BE CONFIRMED
Two of the accused are confirmed South African citizens whilst the citizenship of the rest is yet to be confirmed. During their appearance their defence Advocate Lifhiga said it was urgent that his clients get bail today. "The offences are not under any schedule. I request that the state provides us with a charge sheet and oppose to any postponement. The state is saying the offences are serious, yes we concede they are serious but nothing should prevent the court from granting bail," said Lifhiga. He said the addresses shouldn't be an issue because it is understood that all accused were arrested at their homes in front of their wives and kids.
Lifhiga said he wondered why Home Affairs was at the scene.
TO GET BAIL OR NOT?
State prosecutor Asanda Nombewu said, "The fact that the matter is scheduled or non scheduled doesn't automatically mean the accused should be granted bail.
If there are reasons why bail shouldn't be opposed, the defence should advance reasons. "I don't think he had consulted with the accused and hasn't been properly advised where they were arrested. He had not consulted with them about their citizenship. It's only two of them who are South Africans, four are not and yet the defence claims they are all South African," explained Nombewu.
She said the presence of Home affairs at the scene, was to investigate and compile the statement to convince the court that some investigations were done.
The investigation entails interviewing the accused, their families and movement in the country.The defence said he was disappointed in the state's claim that he did not consult his clients.
"I went to her and her boss and they said I will consult after. They wanted to ambush me.What I told the courts is what I got from my clients. If two are locals, why are they not fixing bail for them?"
CASE POSTPONED
The state said the court has a backlog of bail applications.
"It would be unfair for other accused who have brought their bail applications first. Every bail application has to be treated speedily and every accused has a right to be afforded a chance to apply for bail."
The defence said, "She can't come and raise other matters. We have other courtrooms that can be allocated. I'm asking for a seven day postponement."
The Magistrate said her ruling was final and the matter was postponed to the 19th of October for formal bail application.