Update

GEORGE NEWS - The two men accused of murdering controversial Cape businessman Mark Lifman, Johannes ‘Jakes’ Jacobs and Gert ‘Johnny’ Bezuidenhout, were once again denied bail on Thursday 12 February.

Delivering his ruling in the Thembalethu Regional Court, Magistrate Mashau Ramalebane stated that none of the so-called new evidence the defence presented could be regarded as genuinely new. 

According to him, the information had merely been rearranged to give the appearance of new facts.

In addressing the defence’s complaints regarding the conditions of detention, including claims of limited consultation time with legal representatives, lack of privacy, restricted access to medical care, medication and family contact, and being held in isolation for up to 23 hours a day, Ramalebane remarked that “prison is not a hotel” and that detention is, by its nature, uncomfortable. 

He acknowledged that isolation can affect a person’s mental and physical well-being, but stressed that there is “no comfort in that place” and that this reality does not in itself justify bail.

Ramalebane further noted that while Jacobs and Bezuidenhout argued they could not privately consult with their legal teams and that the investigation docket was in disarray, the right to legal consultation had not been denied. 

“The prison is not a place where boardrooms are available,” he said, adding that as long as a room is provided for consultations, there is no valid basis for complaint.

Regarding the investigation docket, the court was informed that certain documents had been incorrectly filed, but that this was a situation that had been accepted and corrected. The magistrate emphasised that this did not detract from what he described as the State’s strong case against the accused.

The court also heard arguments relating to congested court rolls and delays, with the defence claiming the trial might only commence in 2027 due to backlogs dating as far back as 2018. 

Ramalebane responded that heavy court rolls affect all accused persons and that matters ready for trial are prioritised, not necessarily those that have been on the roll the longest. 

He also pointed out that neither of the accused had testified in their bail applications and instead submitted affidavits, a right they are entitled to exercise, while the State followed the same approach.

In concluding his ruling, Ramalebane reiterated that none of the alleged new facts were in fact new, stating that they had simply been “reshuffled to look like new facts”. 

He added that it had been known since the initial bail application in January last year that the accused were being held in isolation, a condition they themselves had requested following their arrest.

Lifman was shot dead on 3 November 2024 in the parking area of the Garden Route Mall, being struck by five bullets. He was pronounced dead on the scene. 

Jacobs and Bezuidenhout were arrested hours later near Uniondale and face charges of premeditated murder.

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