In the absence of demonstrating to the court that he could be trusted to obey any directions from a police officer, an accused facing attempted murder charges will remain behind bars after he was recently denied bail. 

Bheka Mkhwanazi, who allegedly injured three police officers after he shot them at close range while they attended to a domestic violence complaint, appealed to the Johannesburg High Court (Gauteng Division) against his bail being denied by a lower court. 

Mkhwanazi is facing trial in the regional court on four counts of attempted murder, five counts of assault with intent to cause grievous bodily harm, and four counts of kidnapping.

In his reasons for dismissing Mkhwanazi’s appeal against the district court’s refusal to grant bail, Judge Stuart Wilson said the magistrate attached particular weight to the degree of violence implicit in these offences.

The lower court found that Mkhwanazi would, if released on bail, present a danger to the individuals he is alleged to have assaulted and that a likelihood existed of interference with potential witnesses who would be called at his eventual trial.

Judge Wilson said: “It is clear from the magistrate’s judgment that the alleged shooting of the three police officers was relevant to whether appropriate bail conditions could be enforced in this case. It seems to me that the magistrate was alive to the fact that any bail conditions set could only be enforced by the police, functionaries of which had themselves been injured in the course of interacting with Mkhwanazi.

“It was for Mkhwanazi to demonstrate to the court below that, the degree of violence implicit in the offences charged notwithstanding, he could be trusted to refrain from harming the complainants or potential witnesses, and that he could be trusted to obey any directions that a police officer might give him while enforcing a bail condition. This Mkhwanazi failed to do,” said Judge Wilson. 

On the day of the offence, February 25, 2024, a friend of Mkhwanazi’s girlfriend reported an incident of domestic violence.

The complaint was that he allegedly beat his girlfriend and her children with his fists and a belt. 

“Shortly after the three police officers arrived at the scene, (his girlfriend) warned them that Mkhwanazi had a gun in the house. The officers asked (him) to hand the gun over to them. Mkhwanazi fetched the gun, but the State alleges that, instead of handing the gun over, he shot all three police officers and (the friend) at close range. It is that conduct which the State alleges amounted to attempted murder,” the judgment read.

Judge Wilson noted the seriousness of the domestic violence allegations. 

“In domestic violence cases, there is always an element of controlling behaviour. That behaviour brings with it the risk that domestic abusers will seek to take advantage of the control they exercise over their victims to evade accountability for their actions.

“It was, I think, incumbent on Mkhwanazi to adduce evidence either that he would probably be acquitted of the domestic violence charges, or that there was no real risk that he would seek to influence his alleged victims. In the absence of such evidence, the magistrate was right to conclude that Mkhwanazi had not discharged his onus,” said Judge Wilson. 

The court found that the “boilerplate allegations” by Mkhwanazi that he would not interfere with witnesses, that he would not endanger public safety, and that he is not a flight risk, were flimsy reasons to justify his release. 

chevon.booysen@inl.co.za

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