The mother of five-year-old Obakeng Minyuku, who was shot while playing on the street, was in tears while leaving the court before proceedings concluded as the woman accused of shooting her son dead pleaded to be released on bail.
The courtroom at Temba magistrate’s court was packed when Tselane Lebogang Mautla, 38, made her second appearance for a charge of murder.
Obakeng’s family and community members looked on as Mautla’s attorney, Matsobane Lekgothoane, read out his client’s affidavit, but the emotional mother left as soon as she heard her child’s alleged killer asked to be granted bail.
Through her attorney Matsobane Lekgothoane, Mautla pleaded with the court to grant her bail of R2,000.
Lekgothoane told the court his client was the primary breadwinner for her two children, aged 16 and five.
Although unemployed, she said she owned a tavern which supported her family and gave her a salary of about R12,000 a month. She also said that in the event that she cannot stay in Chris Hani, she is willing to relocate to another area.
She had also co-operated by handing herself and the weapon to the police, she said.
According to Lekgothoane, his client did not intend to shoot the victim. However, magistrate Kobashini Stone warned him not to discuss things that would be ventilated in the trial court.
During the hearing, the court heard that Mautla obtained her firearm licence just a week before the fatal shooting.
Investigating officer Sgt Thomas Ngwenya told the court that Mautla’s 9mm firearm was legally licensed and that she received the licence on January 15 or 16.
He said on the day of the incident, Mautla had been “recklessly” handling the firearm in Chris Hani, Hammanskraal, while Obakeng was outside on the streets next to her home with other children.
“She was trying to put it [on] safety, but there was a bullet inside that went off,” Ngwenya said.
Asked whether there was any reason for Mautla to have used the firearm, Ngwenya said there was no threat to her life at the time that the shot went off.
“There was no danger or anything that prompted her to have that firearm at the time,” he said.
Ngwenya said he opposed Mautla’s release on bail.
“The accused person is residing just next to the family of the deceased. They are very hurt about what happened. Her handling of the firearm was reckless,” he said.
He said Mautla should have known that something could go wrong while handling the weapon in her yard.
Ngwenya said the firearm had been sent for ballistic testing.
“The community will be shocked if she is released on bail,” he said.
He also told the court that Obakeng’s family was opposed to her release.
“The parents of the child said if she is released on bail, then she must rather give them back their child. The mother is very hurt,” he said.
Ngwenya warned that the community was angry and that he feared for Mautla’s safety should she be released.
Lungi Thobejane from the SA National Civic Organisation said she sympathised with Mautla because what happened was a mistake.
“The perpetrator is young and when they said that it was a mistake, I sympathised with her. Sometimes we can’t say because she is a perpetrator she can’t get bail. She is too young that girl; she should get bail. It was a mistake; I think it is right that she gets it,” she said.
Another resident, Thami Mthethwa from the uMkhonto we Sizwe Party, said he had gone to the scene on the evening of the incident and found an enraged community and that the shooting did not make sense.
“I asked myself, what forced her to use it, especially because she got the [gun] licence [recently]?
“We want to understand what happened because it doesn’t make sense,” he said.
He also said while others claimed she was “testing the gun”, he did not buy the explanation because “why would she do it in the evening and in the community?”.
The matter has been remanded to Thursday for the continuing of the bail application.
Sowetan
