- Sibongiseni Ngubane, arrested for the murder of Ben Gumbi, applied for bail.
- The State opposed bail, with the investigating officer pointing out that he was identified by several witnesses.
- Gumbi's violent killing was captured on video.
A gruesome, premeditated murder - this was how the detective investigating the killing of businessman Ben Gumbi described the case.
The State is opposing the bail application of Sibongiseni Ngubane, 38, who appeared in the Rustenburg Magistrate's Court on Tuesday.
Gumbi was shot and killed by two men outside a restaurant in the Rustenburg central business district last month.
National Prosecuting Authority spokesperson Henry Mamothame said Ngubane's lawyer presented an affidavit as to why the court should grant his client bail.
However, the State countered with reasons why the accused should not be released.
READ | Man welcomes arrest for business partner's murder outside Rustenburg restaurant
The investigating officer cited the gruesome nature of the murder, the interest of the community affected by the crime, and that the three suspected allies on the run could compromise Ngubane's safety if he was granted bail.
Furthermore, several witnesses had identified him in an identity parade.
The officer argued that Ngubane, accused of a Schedule 6 offence because the murder was believed to be premeditated, had several brushes with the law before the businessman's murder.
When he was arrested in Germiston last Tuesday, Ngubane had been out on R3 000 bail on an armed robbery charge.
Before this offence, he had been arrested in Alberton and released on R1 000 bail for gun and ammunition possession.
Gumbi's murder was captured on video. The viral video footage showed Gumbi looking at his phone before two men sneak up from behind.
They then fire at almost point-blank range, and Gumbi collapses. He was shot in the head and torso.
The shooters fled in a blue Volkswagen Polo, which they abandoned on the corner of Helen Joseph and Lourie Streets a few minutes after the murder.
Proceedings continue on 27 September.