The ANC in KZN vows to see the man accused of killing S’bu Sibiya back behind bars.
|||The man accused of orchestrating the murder of ANC eThekwini secretary Sbu Sibiya has been released on bail.
Sibiya was gunned down at his Inanda home on July 11 this year.
On Monday, Xolani Zulu, who was charged with his murder, was granted bail of R15 000 by Durban High Court Judge Rashid Vahed.
In October, Ntuzuma magistrate Kevin Bruorton denied Zulu bail, ruling that he could commit an offence if released, and that he had not proved there were exceptional circumstances to grant him bail.
Zulu’s advocate, Jimmy Howse, argued in the high court that Bruorton had misdirected himself in refusing bail as he found that there was a “possibility” that Zulu would commit an offence, but the law required that there be a “likelihood”.
He said Zulu had proved there were exceptional circumstances to be granted bail, and that the State did not have a strong case. Howse added that aside from the “crowd outside court”, there was no evidence of a public outcry.
State advocate Nombulelo Mbatha argued that the police feared that Zulu would interfere with witnesses and his safety could not be guaranteed if he was released.
Mbatha said Zulu’s role in the crime had been to organise the hit man, deliver payment to him and to tell him of Sibiya’s whereabouts.
She argued there was a possibility that Zulu would flee if he was released.
Judge Vahed found that Bruorton had misdirected himself and elevated a possibility to a likelihood. He granted Zulu bail, subject to the following conditions:
*He had to surrender his passport and could not interfere with State witnesses.
*He could not leave Durban without the consent of the investigating officer.
*He could not enter Inanda, including Ntuzuma.
*He must report to a police station twice a week.
Dozens of ANC supporters reacted with anger to the ruling and toyi-toyied at the court entrance. ANC provincial secretary Sihle Zikalala said the party’s legal unit would study the judgment.