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Press Release: Bail Denied

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Krugersdorp court denies bail in Fayyaz Kazi murder case

Issued by: Iqbal Jassat

In his comprehensive and decisive judgement, Magistrate Dama refused to grant murder accused Rudolph Viviers bail.

This is the second time in six months that bail has been denied to the killer of Mohamed Fayyaz Kazi, a young Muslim male in what has come to be known as South Africa’s first hate-death resulting from Islamophobia.

The Media Review Network welcomes the decision and hopes that the seriousness of such criminal deeds whereby the prosecuting authority argued that the accused remain incarcerated, will signal to all Islamophobes that the justice system will not tolerate it.

Apart from the fact that Magistrate Dama dismissed the application as having no basis for “new facts”, we also feel vindicated by his strong denunciation of the accused’s claim to have acted in self-defence.

The aspect of “public outcry” which the defense sought to project as no more that “public interest”, was also convincingly demolished in the judgement.

Magistrate Dama said that he was not convinced by the defense attorney Nortje’s attempt to interpret lack of public protests as evidence that the granting of bail will meet with a muted response.

In support of my original testimony that resulted in denial of bail during the first application, the prosecuting team obtained further affidavits from community members.

This crucial intervention by Radio Islam’s Faizel Patel and the West Rand’s DA council member Saleem Jassat was extensively quoted by Dama to counter claim’s by the defense.

We also welcome the dignified response by family members of the murder victim, especially his widow Saajida, brothers Nauman and Fayyad, father-in-law Hashim Motala as well as the survivor Ansaar Mahmud.

The sentiments expressed by family spokesman Zahid Asmal at a press conference following the judgement, are reflective of Islam’s emphasis on justice tempered with compassion.

Asmal pointed out that though emotions are high and despite the Kazi family still shocked at the brutality of the crime and grieving their loss, they are mindful too of the pain endured by the accused’s ailing mother.

In hailing the court’s decision to deny bail, the Media Review Network calls on all South Africans to remain vigilant about malicious political goals that fuel racism and Islamophobia.

Iqbal Jassat
Exec Member: Media Review Network