Bail judgment for construction mafia extortion due on Friday

Five men charged with extortion after allegedly halting work at a construction site in KwaXimba in KwaZulu-Natal in August will hear judgment on their bail applications on Friday.

Andile Jiyane, Elias Phetha, Nhlanhla Makhathini, Sibonelo Khanyile and Thabani Nkomo appeared in the Camperdown magistrate’s court on Monday. The provincial reaction task team established to curb the construction mafia arrested them.

The state alleges that 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 is opposing bail. 

Their advocate Kevin Chetty told the court there was no justification for the state’s opposition to bail.

“The high water mark for the state is that if the accused are released on bail, they will interfere with state witnesses, “said Chetty.

Prosecutor Zwelethu Matha said that according to investigating officer warrant officer 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.

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.

Chetty said Molapo’s affidavit and evidence in court did not substantiate claims his clients would interfere with witnesses.

“Molapo is lying. This has raised suspicion as to why the prosecution had targeted only five people. There are a couple of flaws,” he said.

Chetty said the singling out of five people when there were supposedly 30 people who allegedly stormed the construction site on August 22 and 23 meant the process was flawed.

He also addressed a concern raised during a previous appearance by the state over a failure by two accused to disclose criminal records.

Chetty said there was no motive for the accused not to disclose their previous convictions, as in the case of Phetha who was charged for rape when he was 17 years old.

“Phetha did not admit nor deny the previous convictions. He feels the allegations disappeared many years later. He [Phetha] was naive and a youngster at the time when the allegations were made. He also admits he was not convicted,” said Chetty.

Both Phetha and Khanyile filed supplementary affidavits after the state raised a concern about their previous convictions.

Matha said: “Extortion is a reality and is also on the rise. If the accused are released it could have a serious calamity for the project. All the applicants are not suitable candidates for bail condition.”

He said Phetha’s and Khanyile’s omission of their previous convictions was intentional.

The matter was adjourned to September 20 for bail judgment.

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