TEMBISA – The Tembisa Magistrate’s Court granted bail of R20,000 to Sekhukhune United footballer Shaune Mogaila on Friday, following his appearance on charges of culpable homicide, reckless and negligent driving, and fleeing the scene of an accident. The charges stem from a horrific crash on 30 October that claimed the life of nine-year-old Gomolemo Mavimbela and left her mother and a 13-year-old boy seriously injured.
Mogaila’s court appearance, initially scheduled for 8:30 am, was delayed until nearly 2 pm due to a water crisis at the court. This delay further fuelled the anger and frustration felt by the Mavimbela family, who had already expressed deep disappointment at the prospect of Mogaila’s release on bail. Their suspicions were heightened when Mogaila's name was initially absent from the court's daily case list.
The family's distress was palpable when Mogaila, sporting a bandage on his forehead, entered the courtroom. State prosecutor Maxwell Randima confirmed the charges against the footballer, highlighting the significance of the now-viral dashcam footage, which will undergo laboratory analysis. Randima stated that the State had no grounds to oppose bail.
Mogaila’s lawyer, Octavius Magunda, argued that his client, earning R40,000 monthly, could only afford R5,000 bail, citing his family responsibilities, BMW repayments (R8,500), and bond payments (R13,500). However, Magistrate Hlengiwe Malevu set bail at R20,000, with no additional conditions, postponing the case until 4 February 2025 to allow for further investigations, including analysis of the dashcam footage, a post-mortem report, and medical reports.
"The State has to investigate an outstanding video footage, postmortem report, as well as the J88 which is a medical report and statement that will have to be obtained,” Malevu explained.
Outside the court, Patrick Kekana, the uncle of the deceased and family spokesperson, expressed his profound disappointment and anger at Mogaila’s release.
“I am not happy that this boy is released on bail, while I lost my niece, and on top of that the mother of my niece is still in critical condition in the intensive care unit (ICU) together with the 13-year-old boy,” Kekana stated to the media.
He accused the justice system of bias, suggesting that well-known individuals receive preferential treatment.
“I see that if you have money in South Africa, everything will go well and if not like me, it will be a disaster. If it was me, they would have not given me bail, but because he is a popular footballer everything goes well for him,” Kekana lamented.
These sentiments were echoed by Thembisa Community Forum chairperson Lele Lefakane, who criticised the lack of conditions attached to Mogaila’s bail. “As the community we are really disappointed. We did not expect that because he fled the scene after the crash, and people had to look for him as he was not ready to face the consequences of his actions,” Lefakane commented.
The accident occurred on the morning of 30 October. Reports suggest Mogaila was allegedly celebrating his team's victory in a Tuesday match. Following the crash, suspected cocaine, edibles, and expensive Don Julio tequila bottles were allegedly found in his M2 BMW. He subsequently handed himself over to police at the Rabie Ridge Police Station near Tembisa. Ekurhuleni Metro Police spokesperson Thabiso Makgato confirmed Mogaila’s surrender.
In a radio interview with POWER 98.7 FM, Kekana shared the family's grief and their desire for justice, while clarifying that they did not necessarily seek imprisonment for life.
"Shaune Mogaila of Sekhukhune United was reckless. How can you play until 21:30 then travel to Gauteng and still be drinking? He killed an innocent child. Send him to jail for life??" he questioned.
He emphasised the need for Mogaila to learn from his actions, stating, "I’m not a judge or a prosecutor, but he must get the punishment he deserves…But I just want him to learn from his mistake so that he will one day teach his children that you don’t behave this way in a community. I cannot say that he must rot in jail. We don’t know what kind of justice, but we just want justice."
Kekana detailed the circumstances of the crash, explaining that the mother was transporting her daughter and a neighbour's 13-year-old son when Mogaila's speeding car collided head-on with their vehicle. He confirmed that the mother remains in ICU at Arwyp Hospital in Kempton Park, while the boy is also in critical condition at Tembisa Hospital.
Sekhukhune United issued a statement expressing their condolences to the Mavimbela family and wishing a speedy recovery to the injured.
"Sekhukhune United FC regrettably learnt of the unfortunate incident involving one of our players Shaune Mogaila. We would like to convey our deepest and heartfelt condolences to the family of the minor who lost her life. Our thoughts and prayers are also with those who have been injured, and we wish them a speedy recovery. The club is unable to comment further as the matter is before the court," the statement read.
Mogaila, who joined Sekhukhune from Royal AM at the start of the season, has featured in seven of the club's ten matches this season. It is understood that the team travelled from Polokwane to Johannesburg by bus after their Tuesday match, arriving approximately four to five hours later.
The video footage circulating online shows Mogaila's car driving into oncoming traffic before the collision. The incident has left the community reeling and questioning the fairness of the justice system, particularly in cases involving high-profile individuals.
The February court date will be a significant moment for the Mavimbela family and the community seeking justice for Gomolemo.
