The Waterval Magistrate’s Court has heard evidence that releasing two young men accused of the murder of 41-year-old Tivani Maluleke could trigger public unrest in Elim and surrounding communities.
Wanga Fakantsimbi and Dakalo Raliwedzha, both aged 20, appeared in court on Friday, 15 May, during a lengthy bail application. A third accused, a 17-year-old, is being held at a juvenile facility.
An investigating officer from the Limpopo Provincial Murder and Robbery Unit told the court that granting bail could destabilise already tense communities linked to the Maluleke case and another murder case involving Glen Nkuna. The officer also testified that the minor is linked to the Nkuna matter.
The court heard that public sentiment in Elim remains volatile, with concerns that releasing the accused could be seen as weakening the justice system and spark unrest. More than 100 community members previously marched to the Waterval Police Station demanding stronger action against crime.
The investigating officer further argued that the accused should remain in custody as the case is trial-ready and involves allegations of a planned attack. It is alleged that Maluleke was followed from a tavern in Mpheni, assaulted during a robbery and killed.
State evidence further links one of the accused to the scene through cellphone data, which forms part of the case to be presented at trial. The court also heard concerns that the accused did not hand themselves over to police, raising fears they could evade trial if released on bail.
Under cross-examination, defence counsel challenged the state’s claims that the accused might interfere with witnesses or abscond, arguing that these concerns were not sufficiently substantiated. The defence maintained that both accused have no previous convictions and face what it described as a weak case.
Bail proceedings are set to continue on 26 May. The family of the deceased has also appealed for continued community support ahead of the next court appearance.