Marching against police not the answer
2007-08-30
THE rape and murder of Nosiphiwo Madolo (16) in Chris Hani Square, Mbekweni, has led to a number of riots, following the release of two suspects into the custody of their parents.
Members of the Mbekweni community, friends of the deceased, and young people in general are angry because the accused have been released.
They have embarked on mass protest and marched to the local police station and even went as far as breaking the windows of the home where a friend of the deceased stays, who the community believes to have more information about the death.
The people now blame the police for the fact that the suspects are still walking the streets.
I must point out that they should not blame the police, as they had done their work by arresting the suspects to be charged within 48 hours.
Once the suspect has been charged with a crime, their legal status then changes to “Accused”.
The South African law presumes everyone innocent until proven guilty and they have the right to apply for bail.
The court will consider whether to decline/accept an application based on whether the accused is a regular offender, is likely to skip the country or evade trial, are currently out on bail for another pending case(s) or has previously escaped trial.
The prosecutor can oppose it if there are valid grounds.
The police have nothing to do with the process, and can only be used by either the prosecutor to motivate reasons (if any and is necessary) to decline bail.
The primary basis of the bail application is the personal circumstances of the accused and not the merits of the alleged crime.
The community has misdirected its frustrations to the police, not knowing that the decision to let the accused out on bail does not rest with the police, but with the court.
Crime is a serious issue, so read me right; whoever committed, the alleged crime deserves to be put where they belong.
But we must not expect law to have eyes, and to choose against who it should be applied.
If we are serious about the perpetrators being brought before the law, we as the members of the Mbekweni community have a responsibility to abide by this very same rule of law.
It is illegal for any group of people to march against any individual or structure without informing the person/structure against whom they are marching 48 hours prior to the march.
It is also advisable to get a committee to lead the march, to ensure that the police and the traffic officers will have liaison persona before, during and after the march.
Sabelo Mahlati
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