KZN bridge project going ahead after arrest of 5 alleged construction mafia members, court hears

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18-09-2024
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News 24
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• Five alleged construction mafia members are back in the Camperdown Magistrate's Court in KwaZulu-Natal to apply for bail.
• The accused were arrested last month for allegedly disrupting the building of a bridge in uMsunduzi.
• The five men believed to be linked to a construction mafia ring have pleaded not guilty to charges of extortion.

Five men arrested for allegedly blocking the construction of a bridge in KwaXimba, Pietermaritzburg, have made bail applications. 

The accused, Nhlanhla Makhathini, 37, Andile Jiyane, 28, Elias Phetha, 45, Sibonelo Khanyile, 37, and Thabani Nkomo, 34, appeared in Camperdown Magistrate's Court on Monday.  

The five men, who are believed to be linked to a construction mafia ring, said they intended pleading not guilty to the charges of extortion against them.

Opposing the bail application, Prosecutor Zwelethu Matha told the court the construction project had continued without a hitch since the accused were arrested.

He argued the court could not be certain whether the accused would influence people to stop the construction project again if released on bail.

"In all probability, these accused before us are ring leaders or instigators, supported by the fact. Extortion on construction sites is a serious concern and is on the rise, not only in this jurisdiction but country-wide.

"At some point, reality may knock on someone's head that those involved in such offences will face the consequences and the law," said Matha. 

He added the accused might interfere with the State witness and evidence if released from custody.

Matha said if they were found guilty, the accused might also run away and not return to court due to the seriousness of the sentences. 

He added the accused's failure to provide an alternative address showed they did not believe they were candidates for bail. 

The State said the defence had yet to dispute the allegation the accused went to the crime scene and made specific demands. 

According to the charge sheet, the State alleged the accused had demanded that no work proceed on the bridge's construction site unless they were hired.   

Right to bail

However, advocate Kevin Chetty, representing all five accused, argued they were within their rights to be released on bail as the State did not have a strong case against them. 

Chetty said the only high watermark was the State and the investigating officer feared the accused would interfere with the investigation and State witnesses. 

He disputed the investigating officer's evidence and said, at first, he had said the accused had been arrested by the police officers at the community hall, and later, they had been arrested at the crime scene. 

"It's without a doubt that lies took effect on this affidavit. He only realised that when he was on the stand, even when he had made certain lies. The affidavit made it clear that more than 30 people came and made demands.

"However, only five people were in the dock, and the witnesses pointed them out. It's raising questions about why the State is desperately trying to arrest the accused," said Chetty.

He added the State also did not have strong evidence the accused were perpetrators or ring leaders. 

The court also heard that, according to the defence, there was a public outcry for the accused's release. 

Chetty said the men were all the primary breadwinners in their households.

He then provided the alternative address for the accused. 

The case was proposed for a ruling on Friday.