East London taxi bosses remain in custody, with bail hearing on Thursday

East London taxi bosses Simphiwe “Gabs” Mtshala and Lwamkelo Sokatsi, who are facing a murder charge, will spend another night behind bars, with their bail application set to be heard at the Komani magistrate’s court on Thursday.

The court rolled the matter over on Wednesday after it emerged that the police allegedly did not comply with the director of public prosecution’s (DPP) circular stating that only the DPP was authorised to make a decision to enrol legal cases related to Mtshala.

This, according to the taximen’s legal representative, Nqaba Nomvete of Nqaba Nomvete Attorneys Incorporated, stems from a high court order that was obtained against the minister of police in January following Mtshala’s legal standoff with the police after more than 50 high-calibre firearms and ammunition were seized from his East London home and business premises.

It also interdicted police from conducting any further raids at Mtshala’s premises without adequate documentation or a lawful and valid warrant of arrest or a lawful and reasonable suspicion of the commission of any offence.

On Wednesday, Nomvete said their detention had been unlawful.

“Tomorrow we are arguing the unlawful detention, 48 hours have lapsed as my clients were charged yesterday, the failure to bring them before court at the first opportunity makes further detention unlawful,” he said.

“Police are abusing the due process and  thus placing severe prejudice on my clients. They should have done their homework properly even before they effect an arrest.” 

Mtshala and Sokatsi handed themselves over to police in East London on Tuesday and were formally charged at the Komani police station.

National police spokesperson Brigadier Athlenda Mathe said they  were facing a murder charge.

She did not elaborate.

National Prosecuting Authority spokesperson Luxolo Tyali confirmed that the latest matter was not enrolled.

“We cannot comment on a case that was not enrolled,” Tyali said.

In the past seven months, Mtshala, who owns an armed security company and is a Santaco provincial leader, has either been arrested or detained five times.

Each time, the charges were withdrawn and he was set free. 

Sokatsi was elected as the East London Taxi Association chair at the Robbie de Lange Hall in West Bank in April.

A group within the association went to the Makhanda high court to challenge the elections.

This followed a meeting in East London’s ICC on March 20 attended by community safety MEC Xolile Nqatha and taxi bosses from various regions who resolved that no elections would take place in the province until all regions nominated two members that would form part of the provincial task team.

The team would work with the department of transport and Santaco in facilitating the process of “democratisation” within the taxi industry.

In November 2024, Mtshala was arrested and spent a weekend in jail without charges being filed.

On December 13, he was arrested on allegations of attempted murder, which, he said, “apparently took place while I was in a wheelchair after my 2021 assassination attempt”.

He was released on R10,000 bail after spending the weekend in jail. That case was withdrawn in January.

Mtshala was arrested again in January for unlawful possession of two firearms found in his home safe and spent the weekend in jail before being released on the Monday.

In February, Mtshala said he believed he was being specifically targeted, claiming it might relate to his advocacy for local businesses to be considered for government construction tenders.

Daily Dispatch