Cii News – 23 August 2012

The bail application of the two men accused in the murder and assault case of Muhammad Fayaz Kazi resumed on Wednesday morning resulting in the granting of bail of R2000 to Accused Number 2, Zayn Van Tonder. He faced a charged of common assault.

Accused Number 1, Roedolf Viviers, failed in his application and will remain incarcerated until their next appearance on 29 November 2012.

On Tuesday, Magistrate Reginald Dama said he needed time to apply his mind in deciding whether the bail application would be approved.

Kazi (27) and his business friend, Anser Mahmood (33), were allegedly beaten up on Monday, 6 August 2012, outside a food outlet in Magaliesburg by Roedolf Viviers and Zayn Van Tonder.

Kazi passed away the following morning. Mahmood reported that the attacked started with religious taunts by the accused for Kazi’s Islamic appearance.

The case has attracted widespread media attention and has angered the Muslim community. The family of the victims have also been supported by the South African Communist Party.

The court heard that the state and defence agreed to bail of R2000 for Van Tonder while the defence lawyer, Sakkie Smit, requested R5000 bail for Viviers.

Vicky Nielsen, Van Tonder’s fiancée, yesterday told The Star newspaper , that she thinks the incident was not a racially motivated attack but rather an accident. She said the media had turned the two accused into monsters. Nielsen added that she felt sorry for the Kazis.

Zahid Asmal, the family spokesperson, told Cii on Wednesday, that the family was pleased with the court proceedings so far. “Prosecutors have been roped in from other areas and the family has full confidence in the justice system of the country.”