jordaann@avusa.co.za

NELSON Mandela Bay Taxi Forum chairman Melekile Hani appeared in a packed courtroom under heavy police guard yesterday, with Mayor Zanoxolo Wayile among those in the public gallery following protests outside the court earlier.

Hani, who is facing a charge of attempted murder and is being held in custody, was making a formal bail application, but after arguments from both the state and defence the matter was postponed for a week. Hani remained in custody.

A provisional charge sheet alleges Hani shot a taxi driver 12 times on January 11. Five bullets hit and wounded the man.

Hani, who was arrested last Thursday, appeared with members of the Tactical Response Team present in and outside regional court 12 at the Port Elizabeth Magistrate’s Court.

The court was packed to capacity with some members of the taxi industry having to stand against the courtroom walls. Other members had to wait outside the courtroom.

After much debate between the state and defence on whether or not to proceed with the bail application, magistrate Makhetha Pheko postponed the matter to March 23 on the state’s request, to allow the investigating officer, Bonisile Mkupa, to obtain written statements from witnesses who came forward with information after Hani was arrested.

State prosecutor Andre Kirchner had also asked the court to postpone the hearing for a ballistic report and cellphone and laptop records to be obtained. A firearm investigation was also to be done.

Hani’s lawyer, advocate Johan Wessels, who opposed the postponement, told the court Hani, a diabetic who is being held at the Bethelsdorp police cells, had been denied the opportunity to have food since Sunday.

He said it had been arranged for his family to bring his food to the police station as he had dietary requirements.

“We feel uncomfortable that he was not supplied with food for reasons unknown,” Wessels said.

The defence was ready to proceed with the application yesterday.

Wessels said the offence Hani was accused of allegedly took place on January 11, and the police had had more than enough time to conduct their investigation.

“The case was already registered in January. That brings red lights immediately as to why the police tell the court now that they are not ready to proceed.”

Wessels said it was Hani’s constitutional right to be free.

“The accused has a right to liberty. There is no reason for the case to be postponed.

“It is in the interest of justice for this matter to be disposed of as soon as possible. His detention has caused disruptions in Port Elizabeth.”

Pheko said although he was sceptical about other grounds on which the state was applying for a postponement, the main issue was the question of statements not obtained from state witnesses.

“I feel inclined to agree with the state that it would not be fair to continue with a bail application without those statements,” he said.