/ 31 July 1998

`Mbuli justice’ stuns court

Tangeni Amupadhi

The official police watchdog has obtained an affidavit from a person who claims to have seen two police officers coaching witnesses to finger people’s poet Mzwakhe Mbuli at an identity parade.

At least two witnesses were shown photographs of Mbuli by policemen investigating a bank robbery in Waverley, north of Pretoria, last October, the affidavit claims.

However, when they were approached by the Independent Complaints Directorate (ICD) the witnesses denied that police told them to point out Mbuli. The ICD’s deputy director for special investigations, Julian Snitcher, could not be reached for comment. But it is believed his investigation into the framing of Mbuli is far from over.

Last week, Randburg police once again failed to tie Mbuli to another case – the robbery of a businessman in which R200 000 was taken. At a second identity parade none of the police’s “new witnesses” could identify the poet.

This week, magistrate R de Vos, who last month suggested Mbuli should apply for bail for the bank robbery, turned down his application and postponed the case to January 26. By then Mbuli will have been in prison for14 months.

The public in the courtroom was momentarily stunned when the magistrate made his ruling, without giving any reasons. As he stood up to leave, fans began shouting abuse at him.

One man asked: “What kind of justice is this? There are white people killing babies and being released on R1 000 bail.”

Mbuli, although dejected, told fans he was safe in prison. Supporters, he said, should not worry as “there’s the glory of resurrection. Our problems will become celebrations. I want to believe God’s love will envelop me.”

The state, while conceding that whatever evidence they have is circumstantial, opposed the bail on the grounds that there were no new circumstances indicating it should be granted.

Three previous applications were turned down on the grounds that Mbuli was a flight risk.