Community scrambles to raise money for five 'construction mafia' accused granted R10,000 bail each

Five men charged with extortion and disrupting a bridge-building project in KwaXimba, outside Pietermaritzburg, were granted R10,000 bail in the Camperdown magistrate’s court on Friday.

Andile Jiyane, 29, Elias Phetha, 45, Nhlanhla Makhathini, 37, Sibonelo Khanyile, 37, and Thabani Nkomo, 35, were arrested by the provincial reaction task team established to curb the construction mafia.

The state alleges on August 22 and 23 the suspects “induced fear in Cyril Ngcobo and Lungisani Nduli that no work would continue” at a bridge construction project in uMsunduzi unless they were hired.

The state opposed bail while the accused were all pleading not guilty. Their advocate Kevin Chetty previously told the court there was no justification for the state’s opposition to bail.

Prosecutor Zwelethu Matha said according to investigating officer W/O Sizwe Molapo’s affidavit the accused were driving a VW Polo on the first day of the disruption. Molapo said the construction project was awarded to a Durban-based company, WSM, to fix infrastructure damage caused by flooding in KwaZulu-Natal.

It’s the first time hearing that someone who toyi-toyis would be dealt with this harshly.Community leader Phasika Vilakazi

Molapo alleged a group of about 30 people invaded the site on August 22, demanding they be given the contract for security reasons and be offered jobs or the site would be shut down. They also allegedly threatened employees and the site manager, who is a key witness.

The group allegedly returned the next day, instilling fear in workers and the community at large.

Magistrate Brian Ngcobo said: “I have concluded on the balance of probabilities the applicants have proved it was in the interest of justice for all of them to be released on bail.”

The applicants were ordered not to interfere with the complainants and the witnesses, that immediately after paying bail they should report to the alternative verified addresses provided to court and they were to report to police stations closest to this address every Thursday until the finalisation of the case.

Community leader Phasika Vilakazi said: “We had expected all five were going to get bail but it’s the amount which has us shocked. These people are unemployed and impoverished. They have also never been on the wrong side of the law.”

He said they community was scrambling to put together the money to secure their release. “It’s the first time hearing that someone who toyi-toyis would be dealt with this harshly,” said Vilakazi.

During their bail application the accused said they could afford R500, which was met with derision by magistrate Ngcobo who said the amount was too little.

Vilakazi said the accused didn't like being branded as members of the “construction mafia” as they did weren't business people. “We are not really happy as the community,” he said.

The community previously staged a prayer in support of the accused. Vilakazi said their crime was wanting to ensure locals were hired to work on the bridge project.

“Some have even asked me why am I involved in this matter as a religious person. My answer has always been that I like to see things being done fairly.”

He said the detention of the accused had also taken a heavy toll on their families, with some of the accused gainfully employed while others are self-employed.

“Some people have begun throwing in R20 so that they can get home. We hope that by next week Friday, everyone will have been freed. Some of them are not working. If there were indeed mafias, then they would have had that money.”

After the arrest of the accused, the community had exercised restraint by not disrupting work at the construction site, added Vilakazi.

“We wanted to ensure that the case of our brothers is not jeopardised in any way. We were all there prior to their arrest because we wanted to see that people get hired properly.”

The matter was adjourned to October 25.

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