A MAGISTRATE who has been accused of involvement in an armed robbery has been granted R5,000 bail in the Krugersdorp Magistrate's Court

Turagale Sejwane, 36, and his colleague Rhodes Thuwe were arrested on April 4 for possession of suspected stolen property found in a car that was allegedly stolen in Krugersdorp, on the West Rand.

The Justice Department said yesterday that although the magistrates would be presumed innocent until proven guilty, it would be exceptionally difficult to justify their continued stay in office as acting judicial officers given that they face criminal charges.

Justice Department spokesman Tlali Tlali said the final decision on their future depended on the conclusion of their cases and an inquiry which the magistrates' commission would conduct.

Sejwane was granted bail on condition that he hand over his passport along with any other travelling documents.

He must report to the Roodepoort police station every Friday between 6am and 8pm.

In addition, he cannot directly or indirectly communicate with the employees at the junk yard where the car was allegedly stolen as they are witnesses.

Sejwane also has to appear at every postponement until the case is finalised.

Thuwe, who received bail on Friday, was given similar bail conditions. He has to report to the Krugersdorp police station every Saturday between 6am and 6pm.

Both acting magistrates were granted bail on special circumstances.

Thuwe is the sole breadwinner in his family. He lives with both parents, two minor children, and two nieces and two nephews whose parents are deceased.

Sejwane is also the sole breadwinner in his household - he has an unemployed and sickly wife and two minor children.

He also owns a farm in Zeerust with three farmworkers who depend on him for their livelihood.

Thuwe was acting magistrate at GaRankuwa, north of Pretoria, while Sejwane held the same position in Brits, in North West.

On Friday, Thuwe was released on R5,000 bail while Sejwane spent the weekend behind bars awaiting the magistrate's decision because he had an added charge of armed robbery with aggravating circumstances.

Prosecutor Mickey Thesner wanted to reopen the bail application to investigate Sejwane's alibi.

Sejwane claims to have been at a tyre factory at the time of the robbery while Thesner read the court a sworn statement by the investigating officer who claimed Sejwane was lying about his whereabouts.

"The accused going to a tyre factory does not provide him with an alibi and his wife is not a fallible witness," Thesner said.

"The alibi is not as watertight as he would like to believe."

Sejwane maintained his innocence on both charges and claimed that he was just a passenger in the vehicle and did not know it was stolen.

Thuwe admitted that he had borrowed the car from a friend and that he was the sole driver of the stolen vehicle.

The man whom he allegedly got the vehicle from has not yet been found.

The case was postponed to next month.

Sejwane had a bandage wrapped around his head and told the court that he was assaulted by the police after his arrest while his hands were tied behind his back.

He refused to confirm whether or not he would lay charges of assault against the police.