Three men, including one former military and two police officials, are set to invoke the Correctional Services Act (111 of 1998) which allows them to apply for bail at a High Court judge. 

In terms of legislation and as a result of implementing Section 49G of this Act - which states that a remand detainee may not be kept for a period exceeding two years, without the matter being brought to the attention of the court concerned - it allows for the suspects not implicated by the state's key witness during testimony to apply for their release on bail. 

So far during his testimony in chief, key witness Xolisile Botha Mbebeto has only incriminated two men, which is Stanley Bakili and an alleged repeat offender Mojalefa Jali Molusi, of all eight men who were arrested for Siemens' murder. Speaking on behalf of other advocates who wish to invoke this clause, Advocate Joseph Kgoelenya informed Judge Martha Mbele that they wish to be heard in December 2020 or early January 2021.

Two police officials, including Bayswater Detective Molebatsi Mogoera, court orderly Kagiso Chabane, and former military man Clive Tshivenga will invoke this section.

Mogoera and Chabane were arrested in August 2018 respectively while Tshivenga was nabbed on January 25, 2019.

Amongst those still in custody, it's only Mogoera, Chabane and Tshivenga who have not been directly implicated in the damning testimony of the state's key witness, Mbebetho, during his testimony when he connected some of the dots in the brutal murder of Siemens.

Meanwhile, the long-awaited outcome in the murder trial of Siemens has been dealt a blow by Judge Pitso Molitsoane’s unavailability for the rest of the year due to an illness.

The trial has now been postponed to 12 - 30 April 2021 for continuation. There will then be a break of about 14 days before the finalisation of the trail is set to commence from 17 May to 18 June 2021. Monday’s postponement is at least the fourth one in two weeks since the restart of the trial in November.

Bakili is joined in the dock by Mogoera, Chabane, Molusi, Moeketsi Lesia, Tshivenga, Karabo Tau and Sizwe Mpati. They are all between the ages of 29 and 56 and include three police officers and a disbarred advocate.

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