The Krugersdorp Regional Court denied bail to murder accused Roedolf Viviers on Tuesday.
“The applicant failed dismally to prove to this court that it would be in the interest of justice to release him on bail. Bail is therefore denied,” said Magistrate Reginald Dama.
Kazi’s brothers Mohammed Nuaman and Mohammed Farhan, shouted Allahu Akbar (Allah is the greatest) when Dama made his ruling. Kazi’s widow Sajidah was euphoric and hugged friends and relatives who packed the public gallery.
Viviers, who was wearing glasses, a blue shirt and khaki pants calmly listened to Dama. He looked at his feet and with a wry smile on his face was led to the police holding cells.
Viviers and another man, Zayne van Tonder allegedly insulted Muhammad Fayaaz Kazi and his friend Anser Mahmood about their beards at a Chicken Licken outlet in Magaliesburg on August 6, 2012, an argument and a fight ensued. Kazi was severely beaten and died in hospital. Charges against Van Tonder were later dropped and he was released.
Earlier, Viviers’s lawyer Jack Gerber said his client should be released on bail as there is no legitimate public outcry against his release. He said,”An expression of anger by family and friends does not equal a public outcry. The alleged incident happened in Magaliesberg, and not in Lenasia, where most family and friends [of Fayaaz Kazie] reside.
Gerber said that although there had been public interest since Viviers’s first appearance in court last year, there had been no outcry. He said the court proceedings were attended by only a handful of friends and family. “With due respect, your Worship, the Muslim religion is not only limited to Lenasia residents,” Gerber submitted. He said Viviers would lose his income should he continue to be incarcerated.
Rudolph Viviers will appear in the High Court in Johannesburg on March 4, when a trial date is to be set.