The duo appeared before the Senekal Magistrate’s Court on Thursday.
After reading an alibi witness’ submission before court, Magistrate Deon van Rooyen said: “Other than what is currently on the police docket at this juncture, there is no evidence that links applicant number two to the commission of the crimes he is charged with. The results of the DNA swaps that were taken from the inside and the outside of the bakkie of the deceased, are inconclusive in as far as it relates to him.”
Magistrate van Rooyen believes it is in the interest of justice to release Matlaletsa.
He says he is not a flight risk nor will he interfere with witnesses.
Matlaletsa will have to report to a local police station on Mondays, Wednesdays and Fridays.
Magistrate van Rooyen believes Mahlamba has “some explanation to do on why he left home in the middle of the night and returned the next morning.”
The fact that his girlfriend is a key witness in the matter and that he lied about his presence in the shack where a bloodied pair of pants were found by investigators are other factors for Mahlamba’s bail denial.
The Magistrate has urged the state to expedite the matter. He also appealed to the Police Minister Bheki Cele to use his influence of his office to ensure that the case is finalised timeously and the accused’s right to a speedy trial is realised.
The case will return to court on the 1st of December.
Matlaletsa and Mahlamba are accused of killing Brendin Horne on October 1.
His body was found the next day at a farm by his father and a colleague.
The first appearance of the accused was marked with violence.
Attacks weary farmers and community members stormed the court building and torching a police van, among other things.