Men accused of gunning down councillor set to apply for bail

Two young men accused of killing Nelson Mandela Bay ward councillor Sicelo Mleve will apply for bail on Monday.

Their case was postponed in the New Brighton magistrate’s court on Friday.

Lufunolwethu “Star” Nyodi, 20, and Ahlumile Stofile, 21, were remanded and will consult their Legal Aid SA representatives before the formal bail proceedings.

Magistrate Fundile Matoto said the postponement would also grant the court time to deal with a media application to televise the proceedings.

Mleve, 45, was shot dead during a voter registration debriefing meeting with residents at his offices in Zondeki Street in Zwide at about 6.50pm on June 20.

There were about 10 other people present at the time.

Mleve, who had a security team assigned to him by the municipality after previous threats on his life, died at the scene.

His security detail was reportedly off duty at the time of the incident.

Stofile was arrested in Soweto-on-Sea on Tuesday while his co-accused was nabbed by the provincial serious violent crime investigation unit in Kwazakhele on Thursday last week.

He made his first appearance on Wednesday while Nyodi took to the dock for the first time on Friday last week.

According to the charge sheet, the men face charges of murder, robbery with aggravating circumstances, and the illegal possession of firearms and ammunition.

In addition, they face assault charges relating to the 10 complainants.

Before the suspects fled the scene, they had allegedly stolen several cellphones “taken through force and violence”.

The 10 complainants were “unlawfully and intentionally deprived of their freedom of movement” when they were threatened with a firearm and tied up with cable ties, the charge sheet reads.

They were then forced to remain in the ward councillor’s office against their will.

In the dock on Friday, Stofile and Nyodi appeared calm.

They both occasionally turned around to look at the packed public gallery where members of the ANC, some dressed in party regalia, were seated.

After a back-and-forth about the status of his legal representative, Nyodi told the court that attorney Qhamani Sinefu would represent him and that they had consulted that morning.

State prosecutor Nicole December responded that Sinefu was a private attorney and had indicated he was not in a position to represent Nyodi because he was “conflicted”, as he had known Mleve.

Nyodi eventually elected to apply for Legal Aid representation.

The SABC then brought its application to televise the proceedings, which was opposed by both the defence and the state.

December had argued that televising the proceedings could negatively impact the state’s investigation.

Last week, provincial police commissioner Lt-Gen Vuyisile Ncata said though Mleve had been with other people inside his office at the time of his death, it was evident he was the intended target of the gunmen.

He said a political motive could not be ruled out.

Mleve, a Ward 27 councillor, was also the ANC chief whip for economic development, tourism and agriculture.

The state has already indicated it will oppose bail.

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