The lawyer of one of the three men accused of murdering five-year-old Ditebogo Phalane Junior says his client should be granted bail because he is the sole breadwinner in his family and needs to take care of his sick mother.
Attorney Thulani Kekana from Legal Aid SA, who represents Elia Maeko, 36, said Maeko is a taxi driver who runs a salon and financially supports his family through these jobs.
Sick mother needs care
Kekana said Maeko’s mother, Rosina Maeko, 66, is diagnosed with arthritis, heart disease, high blood pressure and diabetes. She therefore needs her son Maeko to care for her because she cannot care for herself.
Kekana said Maeko is not a “menace” to society as portrayed by Sgt Sevhasa Mashudu, the investigating officer in the case, during his evidence-in-chief in Maeko’s bail application.
Kekana was speaking during the continuation of Maeko’s bail application at the Pretoria North Magistrate’s Court on Thursday.
Thursday’s proceedings began with the cross-examination of Mashudu by Kekana. Mashudu concluded his testimony on behalf of the state on Wednesday.
Kekana told Mashudu that Maeko is a father of two children, ageds five and one. He financially supports them through his taxi driving and salon work.
He said Maeko also takes care of his mother because she is sick.
Detective disputes sick mom plea
However, Mashudu said Maeko’s mother does not need to be taken care of. He said when he went to her home in Winterveld, Pretoria, she told him that she is able to cook for herself. She also admitted that this was despite having arthritis and walking on crutches.
Mashudu added that Maeko’s mother came to Gauteng in July 2024 from Limpopo. He said the reason she came to Gauteng was not to seek medical treatment, but to look after the family stand in Winterveld.
“This goes to show that she is not physically weak and can take care of herself,” said Mashudu.
After the conclusion of Mashudu’s cross-examination, magistrate Naseema Khan postponed the matter to June 12. This was for closing arguments by Kekana and state prosecutor Tumelo Letaoane.
The courtroom gallery was fully packed. Ditebogo’s parents and Soshanguve community members were present among the people in the courtroom.
The three accused — Maeko, Ali Sithole, 30, and Nido Gumbo, 29, — appeared at the same court on Thursday. Maeko was continuing with his bail application.
Two suspects abandoned bail
Sithole and Gumbo have abandoned their bail applications.
The three accused are all from Soshanguve South. They are facing a charge of murder and robbery with aggravating circumstances.
Gumbo, who is a Mozambican national, is facing a charge of being illegal in the country.
Previously, Mashudu told the court that before Ditebogo’s murder, police were investigating a gang known as Task Team. The gang of five people was responsible for robbing and hijacking people of their vehicles.
He said the gang “terrorised” people who lived in areas such as Mabopane, Soshanguve, Akasia and Rustenburg.
Mashudu said when he was assigned to Ditebogo’s case, he knew the same gang was responsible for the crime.
He said Maeko, Sithole and Gumbo are part of the gang. Mashudu said police are still looking for the other two suspects who are part of the gang.
Killed during hijacking
The three are charged with the murder of 5-year-old Ditebogo Phalane Junior. He was shot and killed in May last year during a hijacking at his Soshanguve home in Pretoria.
The incident occurred on the Friday evening of May 10 2024, as he was running up to his father. His father had just returned home, and the men shot and killed him as he ran to his father.
Shortly after his murder, Ditebogo’s case attracted nationwide public interest. His family was visited by then City of Tshwane mayor Cilliers Brink.
Former Police Minister Bheki Cele and former EFF MP Dr Mbuyiseni Ndlozi spoke at his funeral.
