Two security guards employed by DGL Investment who are facing murder-related charges have been released on bail after a High Court ruling, while the mine owner linked to the case was denied bail but is expected to make a fresh application citing changed circumstances.
Mbekezeli Ngwabi (45), who is charged with murder, and Elisha Matsvai (52), facing attempted murder charges, were each granted US$800 bail by High Court judge Justice Ngoni Nduna.
The two are accused of fatally shooting one illegal miner and wounding another during an incident at a DGL Investment mine. Despite the seriousness of the charges, the court ruled that the pair qualified for bail following submissions made in their application.
In contrast, mine owner Francisco Marconati was denied bail by the same court. Marconati is facing a charge of contravening Section 28(2) of the Firearms Act, after allegedly supplying firearms to the two guards on 30 November, despite them not being licensed to carry or use the weapons. The firearms, although registered in the name of DGL Investment, are alleged to have been used in the commission of the offences.
Marconati is now expected to approach the Inyathi Magistrates Court to apply for bail on changed circumstances, following the release of the two guards.
After the shooting incident, Marconati released a statement condemning the use of live ammunition, insisting that company policy allows only the use of rubber bullets for crowd control. He maintained that the guards acted contrary to clear company directives and that the fatal outcome was not authorised.
Police, however, allege that the guards were never permitted to carry firearms and that the weapons were unlawfully used in the murder and attempted murder.
In their bail submissions before the High Court, Ngwabi and Matsvai denied the charges, telling the court that they had responded to an invasion by a large group of illegal miners at one of the company’s gold mines. They claimed the group had overpowered a guard who was on duty at the site.
The two guards told the court that they managed to disperse the illegal miners and arrested one suspect, whom they handcuffed. However, they alleged that the group later regrouped, forcibly freed the detained miner and surrounded them while armed.
They said they fired warning shots in an attempt to escape what they described as a life-threatening situation, arguing that their actions amounted to self-defence — a defence they intend to fully present during trial.
After weighing the arguments from both sides, Justice Nduna granted bail to the two guards.
Marconati is expected to file his bail application at the Inyathi Magistrates Court in the coming days.
