Bernadette Wicks 27 August 2024 | 14:00

State plans to oppose bail for 3 men accused of Ditebogo Phalane's (5) murder

The little boy had run out to greet his father as he returned home, and straight into the path of a gang of hijackers.

State plans to oppose bail for 3 men accused of Ditebogo Phalane's (5) murder

Three of the four men arrested by police for the murder of five-year-old Ditebogo Phalane appeared in the Pretoria North Magistrates Court on 27 August 2024. Picture: Jacques Nelles/Eyewitness News

JOHANNESBURG - The State plans to oppose bail for the three men accused of five-year-old Ditebogo Phalane’s murder.

Ditebogo was shot and killed at his home in Soshanguve in May.

The little boy had run out to greet his father as he returned home, and straight into the path of a gang of hijackers.

The three men arrested for the crime made their second appearance in the Pretoria North Magistrates Court on Tuesday.

The accused in the matter - Elia Maeko, Ali Sithole and Nido Gumbi - have been charged with murder and aggravated robbery.

They made their first appearance in the dock in May, when the court heard that they had abandoned bail.

On Tuesday, however, their lawyer announced that they had changed their minds and would be applying to be released on bail - pending the finalisation of the case.

It will be a schedule six bail application, meaning the accused will have to show there are exceptional circumstances in the interest of justice to allow their release.

Gumbi, in particular, will face an uphill battle because he also faces charges of being in the country illegally.

In court, State Advocate Tumelo Letaoana further said that the State would “strongly” oppose the accused’s release on bail.

The application is set to be heard on 5 September 2024.