Bail was denied in a double murder case on Wednesday, 14 January, after the Chatsworth Magistrate’s Court ruled that the accused failed to prove exceptional circumstances that would justify his release.
The family of one of the slain victims sat in silence as Magistrate Chiliza delivered her ruling, ordering that Wasim Kudoos (33) remain in custody until the matter returns to court on Wednesday, 18 March.
Magistrate Chiliza said the seriousness of the charges and the strength of the State’s case left the court with no alternative but to refuse bail. She confirmed that the State had already secured key evidence, including ballistic reports, video analysis and witness statements, which point to a strong prima facie case against the accused, whom the State described as a dangerous “marksman”.
The magistrate rejected Kudoos’s claim that he should be released to care for his sick mother, saying the argument collapsed under cross-examination. She noted that he repeatedly claimed he could not remember crucial details, including how he was arrested or when he last handled his licensed firearm.
Magistrate’s Court in hopes of bail being opposed for Kudoos
“This shocked the court,” Chiliza said, adding that someone who professes such severe memory lapses cannot reasonably be entrusted with caring for an ill parent.
Although the court heard that Kudoos’s mother has cancer and regularly attends court, Chiliza said other family members — including a brother and grandmother — are available to assist her. She ruled that these personal circumstances do not meet the strict legal threshold of exceptional circumstances under Schedule 6 of the Criminal Procedure Act.
The State argued that releasing the accused would undermine public confidence in the justice system, given the violent nature of the alleged crimes. Evidence presented in court showed that two men were shot dead on the same day in October — one at a barbershop and another about an hour later at a nearby home.
Kudoos was arrested by Bayview police shortly after he allegedly shot his gardener, Mzikayise Paulos Mabida (54), dead in the driveway of his Fiona Street, Mobeni Heights home on 8 October. About an hour earlier, he allegedly shot and killed barber Mahmudel Sajid (38) at his salon in Summerfield Road, Bayview.
The court was also told that gunshot residue was allegedly found on the accused and that video footage linked to his licensed firearm is still being analysed.
Chiliza stressed that bail hearings are not trials and do not require proof beyond a reasonable doubt, but rather a clear showing that the accused should be released. She also raised concerns about possible witness interference, noting that the State has three witnesses and that the accused’s assurances were insufficient.
“The community will lose trust in the law should the accused be released on bail,” she said.
Outside court, Nompilo Gumbi, the mother of Mabida’s children, welcomed the ruling.
She told the Merebank and Chatsworth Tabloid: “I am happy that our prayers have been answered. We were not feeling safe with him being free. I feared he would interfere with witnesses or my family. Now we hope justice will be served when the trial begins.”
She added that the family continues to struggle, describing the pain of raising the children without their father and the daily hardship they now face.
The accused was remanded in custody, and the matter returns to court on Wednesday, 18 March.
