ANC councillor out on bail for EFF attack

24/05/2014. One of the South African Citizen flying an ANC flag during the inauguration at th Union Buildings. Picture: Oupa Mokoena

24/05/2014. One of the South African Citizen flying an ANC flag during the inauguration at th Union Buildings. Picture: Oupa Mokoena

Published Jul 27, 2015

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Rustenburg - The ANC councillor accused of attacking members of the Economic Freedom Fighters (EFF) was granted R1 000 bail at the Rustenburg Magistrate’s Court on Monday.

The court found there was no reason to keep Luvuyo Tolo Maqwane, 54, in custody. His case was postponed to August 19 for further investigation.

In his address to court, Tshepo Lekokotla, for Maqwane, said there was no evidence before court that his client’s safety would be at risk should he be released.

Lekokotla added that his client was arrested only after the EFF had told the police to detain him or they (EFF) would harm him.

“The investigating officer arrested the accused after he was told to do so. If he did not, the EFF threatened to attack him [Maqwane]. Is this not political inference?” he asked.

This was after prosecutor Golden Rikhotso told the court that there was political interference in the case. He told the court members of the ANC had openly accused him and the investigating officer, Constable Kamogelo Khunou, of being biased and being members of the EFF.

“When we adjourned on Friday, a member of the ANC took to the podium [outside the court] and said I am from Limpopo, I must go back. I drive a red car and I am a member of the EFF…again on Friday, another ANC member gave me a scary look in court and gestured to me,” Rikhotso said.

“This indicates the extent of the intimidation, if they [ANC] are not afraid of threatening the prosecutor, the police and the judiciary, how far can they intimidate vulnerable people who are not protected.”

He said Maqwane may not be executing the intimidation but his followers were capable of doing so.

“There is a high risk of interfering with witnesses, the State, the court and the judiciary… there is no respect of law for political expectation,” Rikhotso said.

Lekokotla, in turn, told the court that Maqwane had been kept in custody for 10 days and that the EFF were not in court or protesting outside the court.

“The only reason to keep the accused in custody was to ensure the smooth running of the EFF rally. Again the complainant lives in Soshanguve and it will be difficult for the accused to go to him. He [Maqwane] does not even know him.”

On Friday, Stanley Komape, the complainant, told the court the smooth running of the EFF rally in Rustenburg was at risk should Maqwane be granted bail.

He told the court Maqwane had smashed his car’s windscreen shield with a stone in an attempt to stop the EFF from getting into the Popo Molefe informal settlement near Rustenburg on July 15, saying that the informal settlement was a no go area for other political parties.

Maqwane, a ward councillor in the Rustenburg municipality, is facing charges of malicious damage to property, intimidation and assault.

Outside the court, ANC members sang and whistled when they heard Maqwane had been granted bail. He was lifted shoulder high when he emerged from court.

ANA

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