The gun allegedly fired by a Walter Sisulu University official that claimed the life of 24-year-old third-year student Sisonke Mbolekwa amid a student protest at the Nelson Mandela Drive campus in Mthatha last week was unlicensed.
This emerged during the court appearance of campus residence manager Manelisi Mampana in the Mthatha magistrate’s court on Tuesday.
Mampana, 54, faces one count of murder in connection with Mbolekwa’s death, and a count of attempted murder for allegedly shooting and wounding second-year BSc Environmental Studies student Lizwa Sinoyolo Ndzumo, 19, during a student protest over poor living conditions at the university on Tuesday last week.
He has also been charged with unlawful possession of a firearm and ammunition.
Mampana was arrested on Thursday, two days after the shooting.
Informing him of the charges, magistrate Melikhaya Dyakopu said if found guilty, Mampana could face life imprisonment each for the murder and attempted murder charges “unless you can show compelling reasons for the court to deviate from the minimum sentence”.
For the unlawful possession of a firearm charge, Dyakopu confirmed the 9mm pistol was unlicensed.
When asked how much bail he could afford, Mampana, through his defence lawyer, Sakhumzi Nombambela, said he was willing to pay any amount determined by the court.
There was drama in court when the magistrate barred the media from doing live broadcasts, recording with cellphones or taking camera photos of Mampana during proceedings, which left Mbolekwa’s family members, among others, fuming.
Dyakopu said there was a domestic relationship between the accused and others involved in the trial as “he was in direct control of them by virtue of him being the residence manager”.
“A domestic violence matter is a private matter ... however, the court has to consider the interest of the public in this matter without sacrificing the victims.
“The court must also consider the family of the victim. While the media is allowed to be in court, no member of the media is allowed to use a camera or cellphone in court,” he ruled.
Earlier, while the state left it to the court to decide whether the media was allowed to record or broadcast in court, Nombambela said he was totally opposed to having proceedings recorded or broadcast live.
He argued that it was a domestic matter that concerned no one but the people involved.
Mampana was remanded and the case was postponed to May 2 for a formal bail application.
State prosecutor Apinda Madikizela said the state would oppose bail.
The Mbolekwa family's spokesperson, EFF central command team member Ncedo Kolanisi, said the family was disappointed at the decision to disallow the broadcast.
“We are deeply saddened with the fact that the media could not broadcast the case because we believe that it is in the public interest. Not everybody can come inside the court.”
He said the family received comfort in the fact that Mampana would remain behind bars until his next court appearance, while questioning who would provide financial backing should he be granted bail.
EFF MP Sihle Lonzi also blasted the recording and broadcasting ban and disputed the argument that it was a domestic matter.
“Who is the victim here? Who is being protected by this particular court?”
He said they would look at appealing against the decision to bar media broadcasts as they wanted the entire SA to see the case.
“This is why victims of rape lose court cases like [Timothy] Omotoso ... [If] there is a cover up ... [and the case] is hidden, no one gets to see what is taking place."
Lonzi said WSU management needs to account for the way it handled Mbolekwa’s shooting, including a lack of conscience and ubuntu, when they said he was not their student.
He said he would write to the chair of the standing committee on higher education in parliament to have the management called to account for the incident.
On firearms inside campuses, he said, “On top of this being an illegal firearm, if you enter WSU there are certain areas where there are signs that say ‘this is a firearm-free zone’.”
Police spokesperson Brig Nobuntu Gantana said Mampana was arrested after he was handed over to police by his lawyer.
Before his court appearance, security was heightened in front of the Mthatha magistrate’s court where hundreds of WSU students picketed, demanding no bail for the accused.
They sang “Bambulele uSisonke (They have killed Sisonke)” and “Mampana hamba wena asikufuni esikolwenia (Mampana leave, we don’t want you at school) while waving placards with slogans including “Justice for Sisonke” and “Stop criminalising students”
Daily Dispatch
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