The bail application hearing of the student accused of murdering high school teacher Kirsten Kluyts was postponed to next week Friday after the state asked for a postponement in order to prepare their closing arguments and deal with issues raised by the defence.
On Wednesday, Bafana Mahungela, 21, appeared at the Alexandra magistrate’s court where proceedings regarding his bail application continued.
State opposing bail
The state is opposing Mahungela’s bail application.
The proceedings began with the state prosecutor Ayanda Bakana reading into the record two affidavits from two state witnesses.
This was followed by Mahungela’s defence lawyer Advocate Itumeleng Masako making arguments in response to the affidavits read by the state. He also made his closing arguments with regards to Mahungela’s bail application.
More time needed for state’s closing arguments
After Masako made his arguments, Bakana requested a postponement until next week Friday. This was in order to give the state more time to prepare its closing arguments. The state also needed time to respond to issues raised by Masako in his closing arguments.
“The state will pray that we arrange another date for purposes of the state to present its case, and the arguments. It is of the view that there are a number of things it needs to respond to in terms of the address of the defence. The defence has taken almost five if not six hours making its arguments. The state wants to address the court. And the state believes it will fail in its duty if it does not address the court with regards to the allegations made by the defence,” said Bakana.
Bakana said he is not available on Thursday and Friday and made a request for the matter to be postponed to next week Friday, December 29 2023.
Defence attorney unimpressed
A visibly irritated Masako rejected the postponement.
“Postponements are not there for the taking. You have to give reasons [for asking for a postponement]. Requirements for a postponement are that it should be reasonable and necessary. It cannot be that the state that has its docket [needs more time]. He [Bakana] said in his own words that he read the docket, so the things I am raising now [are not new],” said Masako.
“In fact it is him [Bakana] who said that tomorrow [Wednesday] I will read the affidavits, then we can argue and close. All of a sudden he is a chameleon now. He is changing colour. It is not fair. Bail applications are urgent in nature. Freedom of a human soul is important. This kind of behaviour unfortunately borders on punishing an accused person to stay longer [in custody]. And this is an abuse of power by my learned friend [Bakana]. He is abusing his powers and we cannot sit back and relax. I am frustrated. The postponement should be tomorrow and not next week. I find the request ill-founded,” charged a fuming Masako.
New date set
Magistrate Syta Prinsloo granted the state its request and postponed the matter to December 29 2023.
Mahungela will remain in police custody until his next court appearance next week Friday.
The 21-year-old wrapped up his testimony on Tuesday. The accused, who is a Varsity College student, is charged with premeditated murder, robbery with aggravating circumstances and rape. He was arrested almost a month after Kluyts was murdered at the Sandton Sports Club.
Kluyts, a 34-year-old teacher at Delta Park High School, was killed during a MyRun event on October 29 2023. Her body was found on a pathway near the Sandton Sports Club when people searched for her after she failed to finish the MyRun event.
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