A Johannesburg man has failed in his efforts to get bail after being held in custody for almost two years after his arrest for allegedly beating up his partner, children and shooting three policemen.
He is charged with four counts of attempted murder, five counts of assault with intent to cause grievous bodily harm and four counts of kidnapping but has yet to go on trial.
Bheka Mkhwanazi was arrested at his home on February 25 2024 after a shockingly violent incident. He turned to the Johannesburg high court after he was denied bail by the magistrate’s court.
Reasons for the court’s refusal to overturn the lower court’s decision were given late last week by judge Stuart Wilson.
The court heard that on the day Mkhwanazi was arrested, police had been called out to a domestic violence complaint at his home. The complaint, laid by a friend of his partner, was that Mkhwanazi had beaten his partner and her children with his fists and a belt.
In domestic violence cases there is always an element of controlling behaviour.
— Judge Stuart Wilson
According to the prosecution, the three officers who attended the scene were warned that Mkhwanazi had a firearm in the house. Mkhwanazi was ordered to fetch it, but instead of surrendering the weapon he is alleged to have shot all three officers at close range.
Wilson said the grave seriousness of the alleged offences and the potential risk to the victims and witnesses if bail were granted were serious considerations.
“In domestic violence cases there is always an element of controlling behaviour,” he said, noting that such behaviour could be used to influence or intimidate witnesses. Mkhwanazi’s bail affidavit did little to dispel the court’s concerns that he posed a danger or would comply with bail conditions.
Wilson noted that Mkhwanazi’s affidavit merely stated that he intended to plead not guilty, but declined to outline his defence. He failed to engage meaningfully with the serious allegations against him.
While the court acknowledged that Mkhwanazi appeared to have no prior record of violence, the extreme nature of the alleged offences — particularly the shooting of policemen — outweighed this factor. The risk of harm to alleged victims or interference with potential witnesses ultimately led the judge to uphold the lower court’s decision to keep Mkhwanazi in custody pending trial.
Mkhwanazi now awaits his regional court trial date.
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