KEY POINTS
- Elia Maeko, accused in the murder of 5-year-old Ditebogo Junior Phalane, applies for bail for the third time amid strong state opposition.
- All three suspects were on bail for other crimes when the shooting occurred, raising questions about SA’s bail system.
- The case has drawn public outrage, with fears that releasing the accused could inflame community tensions.
Nearly a year after five-year-old Ditebogo Junior Phalane was fatally shot during a hijacking at his Soshanguve home, one of the accused, Elia Maeko, has returned to court for his third bail application.
The Pretoria North Magistrate’s Court was set to hear arguments on Wednesday, but proceedings had not begun by early afternoon.
Maeko, 36, along with co-accused Ali Sithole, 30, and Nido Gumbo, 29, faces charges of murder and robbery. Gumbo also stands accused of being in South Africa illegally. The trio allegedly shot Junior as he ran to greet his father outside their home on May 10, 2024.
“The public order might be disturbed should the accused continue to bring a bail application,” defense lawyer Thulani Kekana previously stated when the men abandoned their bail bid in September. “Families have received inappropriate messages, raising safety concerns.”
State opposes bail
Sowetanlive reports that the prosecution has strongly opposed Maeko’s latest bail attempt, arguing that his release could provoke public unrest. Investigations reveal all three accused were already out on bail for unrelated crimes when Junior was killed.
Maeko had been granted bail for illegal firearm possession, while Sithole faces separate charges in Ga-Rankuwa for attempted murder and armed robbery. Gumbo, meanwhile, has a pending case in Atteridgeville for possession of a prohibited firearm.
The Phalane family, still grieving their loss, attended court seeking justice. Community activists have called for stricter bail conditions in violent crimes, citing rising public frustration over delays in high-profile cases. Legal experts suggest the court may deny bail again, given the gravity of the charges and the accused’s criminal histories.
