The Tsolo Magistrate’s Court has ordered the release of former OR Tambo ANC regional chairman Thandekile Sabisa and deputy secretary Lawrence Mambila from police custody.
The two were arrested on April 18 in connection with the death of Zukile Nyhontso, the bodyguard of current regional chairman Xolile Nkompela.
APRIL 26, 2016: Police were kept busy trying to divide hundreds of ANC member of two feuding groups at Tsolo Magistrates Court on Tuesday. Some of the members were supporting OR Tambo district municipality deputy mayor and former regional chairman Thandekile Sabisa and former regional secretary and OR Tambo councilor Lawrence Mambila as they appeared at Tsolo Magistrates Court accused of murder of an ANC body guard of an ANC leader and attempted murder of the current ANC regional chairman and Mhlontlo council speaker Xolile Nkompela. Others were supporting Nkompela. Picture:LULAMILE FENI.
Their release came after their lawyer, advocate Phillip Zilwa SC, argued that the two had been in custody for eight days and the state had failed to bring them to court within 48 hours of arrest.
However, they will still appear in court on May 19 to face the charges.
Zilwa said the court should order that the two be released from unlawful detention.
But prosecutor Betty Mashilo argued that the two had been lawfully arrested and detained.
She said the two leaders “cried out, they complained” of not being well and that when the state wanted to take them to a government hospital they refused and wanted to be taken to a private doctor.
APRIL 26, 2016: Hundred of ANC member came in number to support the OR Tambo district municipality deputy mayor and former regional chairman Thandekile Sabisa and former regional secretary and OR Tambo councilor Lawrence Mambila as they appeared at Tsolo Magistrates Court accused of murder of a body guard of an ANC leader and attempted murder of the current ANC regional chairman and Mhlontlo council speaker Xolile Nkompela. Picture:LULAMILE FEN
She accused them of deliberately delaying the case.
Magistrate Mtutuzeli Mnge ordered that the police take Sabisa and Mambila’s fingerprints and release them.
“According to the facts of this case, they were arrested on April 18 and never taken to any court.
“Therefore their detention became unlawful after April 20.
“This court also has the sentiments even now their further detention is unlawful.”
Yesterday morning, supporters of Sabisa and Mambila occupied the entrance to the court premises.
About 200m away, Nkompela’s backers also gathered and sang while carrying placards.
APRIL 26, 2016: Supporters of the ANC regional chairman and Mhlontlo council speaker Xolile Nkompela who survived shooting but his body guard shot dead were chanted and sing in front of the Tsolo Magistrate Court where OR Tambo deputy mayor and former regional chairman Thandekile Sabisa and former regional secretary Lawrence Mambila appeared for the murder and attempted murder cases on Tuesday. Picture:LULAMILE FENI
A few minutes later as the court was in session, the two groups clashed but a heavily armed police contingent stopped the confrontation.
Soon after the outcome of the court, Sabisa and Mambila’s followers were addressed by the leaders of the so-called Friends of Sabisa and Mambila campaign telling them of the outcome.
Later on, Nkompela walked out of the court premises to address his supporters.
There was another confrontation between the two groups, with police intervening and some of the people being arrested.
Mambila and Sabisa are still in hospital. — abongilem@dispatch.co.za