Proceedings were postponed before a bail hearing could get under way on Thursday when the nationality of a man facing a culpable homicide charge was questioned in the Senwabarwana magistrate’s court in Limpopo.
The state found that Nchabeleng Charles Masebe, 62, charged after his pitbulls killed a woman last month, has two identity documents — one from Zimbabwe and another South African.
Masebe was arrested last week in connection with the death of Melitta Sekole, 43, who was attacked and killed by his dogs.
State prosecutor Kabelo Tefo told the court they were initially under the impression that Masebe was a South African citizen. Then the department of home affairs reflected that he had two citizenships, and that his South African ID could have been obtained illegally.
Tefo said preliminary investigations by the department also reflected that Masebe was born in Beitbridge, a town in southern Zimbabwe near the SA border. Tefo added that further investigations should be conducted before the bail hearing could go ahead.
“At face value it seems as if the SA identity document is valid but there is a high probability that it was obtained fraudulently.”
Tefo added the state was ready to proceed with the bail application but a postponement was necessary because Masebe’s citizenship had still not been confirmed.
Tefo argued that it would be in the interests of justice to allow the department to conduct further investigations.
However, defence lawyer Mando Matshisevhe fired back that the state should have ascertained that information sooner, adding that it was unfair to prolong Masebe’s incarceration given his age and ill health.
“This is just a delay tactic and has got nothing to do with bail proceedings,” Matshisevhe said.
She further argued that Masebe had proved that he would not be a flight risk because he had handed himself over to the police. Matshisevhe also pleaded with the court for Masebe to be transferred from the prison in Makhado to holding cells in Senwabarwana so his family could give him his diabetes medication.
The court ruled in favour of a postponement and the case was postponed to January 12.
Yesterday, some of Sekole’s relatives, including her son, were in court. The mother of three was attacked by the dogs while walking towards the rural town of Vivo, on December 23, and she died a few days later.
Her younger brother, Thuso Phala, said they were glad that Masebe would remain in custody as the family prepared for Sekole’s funeral.
“It would have been really sad for us to have him roaming around while we bury my sister on Saturday,” Phala said.
He said they supported the banning of pitbulls.
“Those things are like lions. They don’t deserve to live among people. Now a life is lost. I support the motion that they must be banned,” Phala said.
Several incidents of vicious pit bull attacks have been reported from all over SA and there have been calls for the breed to be banned. Yesterday, angry community members sang outside the court’s gate, saying they wanted Masebe to rot in jail.
mahopoz@sowetan.co.za
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