By the state’s own admission, the two suspects who appeared in court this week in connection with a fraudulent rental scheme in Mamelodi, Pretoria are alleged members of the notorious criminal gang Boko Haram operating in the area.
Mncedisi Donald Ntloko and Sibongile Mabele, both aged 37, were arrested early this month for allegedly hijacking family units in a new residential block known as Nkandla at Mamelodi West hostel and illegally renting them for R2,500 a month.
The two are charged with trespassing, fraud and money laundering – serious charges which by their nature place an even higher burden on them to convince the court to grant bail.
It is understood that the established modus operandi which enables this gang’s alleged operations is intimidation and the ever-present threat of violence.
This paper has, on numerous times, reported how those said to be affiliated with the gang run an extortion ring which demands protection fees from foreign-owned spaza shops in the area. Some residents spoke of an environment of fear created by the gang in the community.
Last week police raised concerns about a trend in which those who lay criminal charges against the gang subsequently withdraw them, presumably out of fear of retaliation.
For these reasons, it is therefore puzzling that the National Prosecutions Authority – which was set to oppose bail for the two accused – made a complete U-turn when they appeared in court on Tuesday.
The NPA abandoned its efforts to oppose bail, seemingly on the basis that the accused’s addresses have been verified; that they have no criminal record; and that their strict bail conditions prohibit them from going back to the hostel.
While it is not uncommon for prosecutors not to oppose bail, this is usually in instances in which there is no likelihood that the accused may interfere with the investigation.
There is no reasonable guarantee of that in this case. Even if the court would have granted bail anyway, the optics of the NPA’s decision not to oppose it in principle do not bode well for the pursuit of justice on behalf of the community.
If anything, this decision is likely to discourage victims of this gang who would believe that the state does not have the appetite to protect them nor the resolve to seek justice on their behalf.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.