Three Ethiopian nationals accused of attempted murder and public violence following an alleged assault in Durban’s CBD have been granted bail of R5,000 each by the Durban Magistrate’s Court.
The three men, Kebede Belachew Basore, Getachew Tirkaso and Wodaje Girma, were granted bail on Wednesday, 28 October, despite the State opposing their release.
The charges stem from an incident on 8 October in which the State alleges the men attacked Mzolisi Notshweleka with sticks, stones and a bush knife, leaving him with fractures to both legs.
The incident was followed by unrest in the Durban CBD, during which at least 14 vehicles were reportedly set alight and businesses were affected.
State raised flight risk and immigration concerns
During the bail proceedings, the State argued that the accused could evade trial and that their safety could be at risk if they were released amid tensions surrounding the incident.
The prosecution also raised concerns about discrepancies in the accused’s passports and asylum documentation, suggesting possible irregularities in their immigration records.
However, the defence disputed the State’s arguments, maintaining that the men had established links to the Durban area and that their residential addresses were close to several police stations.
The defence also challenged the reliability of some of the immigration-related information presented to the court.
An immigration official reportedly testified that system glitches sometimes resulted in records being lost or unavailable, limiting the information that could be provided to assist the court in assessing the accused’s immigration status.
Magistrate considers constitutional rights
In granting bail, the magistrate reportedly noted that the accused were asylum seekers and that they were entitled to constitutional protections.
The court released them on bail subject to strict conditions. The full details of those conditions have not yet been independently confirmed.
The three men have not been convicted of the charges and remain entitled to the presumption of innocence as the criminal case proceeds.
The matter follows earlier court appearances during which the bail application was postponed to allow further verification of the accused’s immigration status. (IOL)
