Pastor and brother denied bail for murder of Abahlali baseMjondolo leader

A Durban pastor and his brother, charged with the murder and robbery of an Abahlali baseMjondolo (ABM) leader, were denied bail in the Durban magistrate's court on Tuesday.

Samson Ngubane, 59, who leads a Zionist church in Mayville, and his brother Mhlanganyelwa, 70, are alleged to have killed ABM women’s league leader Nokuthula Mabaso at the eKhanana commune, in Cato Manor, on May 5 and robbed her of her cellphone.

The men handed themselves to police on July 26.

Mabaso was killed a day before Ngubane’s son Khaya was due to appear in the Durban magistrate's court in connection with the murder of another ABM leader, Ayanda Ngila, in March. Mabaso was a witness to the killing.

Advocate Nkosikhona Zulu, representing the accused, has previously argued that his clients were law-abiding citizens who would respect all bail conditions.

Zulu argued they were elderly and are senior church and community leaders, had permanent properties in Cato Manor and were not intending to leave as they had lived there for more than 20 years.

However, magistrate N Mhlungu denied bail, saying these were not exceptional circumstances.

Zulu immediately filed for leave to appeal, but that was also denied.

Mabaso was the third member of the organisation to be gunned down this year.  Siyabonga Manqele was killed in eNkanini commune in Bonela in March and eKhenana branch chair Lindokuhle Mnguni was killed in August.

ABM deputy president Mqapheli Bonono addressed a group of supporters outside court who celebrated the bail decision. He commended them for their “unwavering support” and their “bravery” in the midst of the killings.

President Sibusiso Zikode welcomed the judgment. He said they were glad the law was on their side and encouraged Abahlali members and residents who may have evidence about the killings to come forward with the information.

“The criminals will not go easy on us, so we should not go easy on them. If we go easy on them, then we will keep having to bury our brothers and sisters,” he said.

The case was adjourned to October 20.

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