DELMAS – The Delmas Magistrate's Court has denied bail to Samuel Mthokozisi Mabethe and Xolani "Boy" Masuku, who are facing charges of murder, imputing witchcraft and defeating the ends of justice in connection with the death of Sibongiseni Sithole.
The two accused were arrested in May 2026 following a police investigation into Sithole's death and made their first appearance in the Delmas Magistrate's Court shortly thereafter. The matter was postponed to allow for further investigations and a formal bail application.
According to the State, Sithole was allegedly accused of practising witchcraft before he was killed. Prosecutors further allege that actions following the incident led to an additional charge of defeating the ends of justice. Sithole was allegedly stabbed at the suspects' residence in RDP Extension 3 on 12 June 2023. His body was reportedly dumped a few metres from the house and discovered by a passer-by the following morning.
During the bail proceedings, the State opposed the release of both accused, arguing that the seriousness of the charges and the interests of justice justified their continued detention.
In delivering judgment, the court found that the accused had failed to demonstrate the exceptional circumstances required under Schedule 6 of the Criminal Procedure Act to qualify for bail.
The court emphasised the gravity of the allegations, noting that the matter involved the loss of human life. Evidence presented during the bail hearing indicated that Sithole was allegedly strangled, stabbed twice and had a cross carved onto his forehead before his death.
Describing the alleged killing as particularly gruesome, the court noted that the level of violence had shocked members of the community.
In support of his bail application, Mabethe told the court that he suffers from health complications affecting his legs and feet and feared losing his employment if bail was refused. Masuku told the court that he is responsible for supporting his minor children financially and that continued detention would affect his ability to provide for them.
However, the court ruled that these factors constituted ordinary personal circumstances commonly raised in bail applications and did not amount to the exceptional circumstances required by law.
The magistrate further considered whether the release of the accused would be in the interests of justice. Although neither accused has previous convictions or pending criminal cases, the court found that concerns regarding witness safety, community tensions and public confidence in the administration of justice weighed against their release.
Evidence before the court indicated that witnesses in the matter remain fearful and require protection. The court noted that both the prosecution and defence agreed that witness identities should not be publicly disclosed for safety reasons. It further found that even strict bail conditions would not adequately address concerns relating to possible witness intimidation.
The court also took into account the reaction of the community. Although the alleged offence occurred in 2023, it noted that public anger remains significant. Evidence presented during the proceedings indicated that one of the accused's homes was allegedly set alight following community outrage over the incident.
After considering all the evidence, the court ruled that the accused had failed to satisfy the requirements for bail and ordered that both remain in custody.
The matter was postponed to 29 June 2026 pending a decision by the Office of the Senior Public Prosecutor on whether the case will proceed in the Regional Court or be transferred to the High Court.
Speaking to Highveld Chronicle after the ruling, Siphiwe Sithole, the mother of the deceased, welcomed the court's decision.
"I am happy with the court's decision. It gives me hope that we will finally get justice for my child," she said.
The case continues to attract public attention as the community awaits the next stage of the prosecution.
