The bail application of Bafana Mahungela (22), accused of the brutal murder of Delta Park High School teacher, Kirsten Kluyts, has been referred to the High Court after the Alexandra Magistrates’ Court dismissed his attempt to secure bail based on new facts.
On Friday, the court upheld the State’s objection, ruling that it lacked jurisdiction to hear Mahungela’s latest bail bid. The matter will now be heard in the Gauteng Division of the High Court in Johannesburg, where his trial is set to begin on 13 October 2025.
Mahungela was arrested in late 2023 following the violent incident that shook Johannesburg’s northern suburbs. On 29 October 2023, Kluyts, a respected educator at Delta Park High School, was attacked in Sandton.
According to the charge sheet, Mahungela allegedly kidnapped the 39-year-old teacher before subjecting her to a harrowing ordeal. He is facing charges of kidnapping, robbery, attempted rape, and murder. The case sparked widespread outrage in Gauteng, with parents, educators, and community members staging demonstrations outside court during his first appearances, calling for justice and decrying gender-based violence.
Since his arrest, Mahungela has remained in custody, having previously been denied bail. His legal team recently launched a fresh bid for release, claiming the existence of “new facts” that warranted reconsideration of his detention.
However, the State maintained that the Alexandra Magistrates’ Court did not have the authority to hear such an application. Prosecutors relied on Section 60(1)(b) of the Criminal Procedure Act, which limits the jurisdiction of lower courts in certain bail matters once cases are set down for trial in the High Court.
Magistrate Masego Molefe ruled in favour of the State, agreeing that the court lacked jurisdiction to entertain the application. As a result, Mahungela will have to direct any further bail applications to the High Court.
The National Prosecuting Authority (NPA) has welcomed the ruling, saying it reaffirms the seriousness with which the justice system views cases of violent crime.
Speaking after the judgment, NPA regional spokesperson Phindi Mjonondwane said the decision protected the integrity of the trial process.
“We are satisfied with the court’s ruling because it reinforces that bail applications of this nature should be heard in the appropriate forum, in this case, the High Court. This ensures that the seriousness of the charges, particularly in matters involving gender-based violence and murder, are properly weighed,” said Mjonondwane.
She stressed that the State remains committed to opposing Mahungela’s release on bail.
“Our position remains that the accused should not be granted bail. The allegations are severe, and the safety of the community, as well as the interests of justice, are paramount,” she added.
With the bail issue now referred to the High Court, attention shifts to the trial, scheduled to start on 13 October 2025. The prosecution is expected to present forensic evidence, eyewitness testimony, and cellphone data to link Mahungela to the crime.
For Kluyts’s family and the broader teaching community, the upcoming trial represents a crucial step in the pursuit of justice. Teachers’ unions and advocacy groups have repeatedly condemned the attack, describing it as a stark reminder of the dangers faced by women in South Africa.
The case has drawn intense public interest since Mahungela’s arrest. Outside court on Friday, a small group of activists held placards calling for harsher sentences for perpetrators of gender-based violence.
A community member, who has been following the proceedings, said she hoped the High Court would ensure justice is served.
“Too many women are attacked and killed in this country. This case is not just about Kirsten; it’s about all women who suffer violence. We are praying that the courts send a strong message,” she said.
For now, Mahungela remains behind bars as the High Court prepares to hear both his bail application and the substantive charges against him. The October trial is expected to attract close scrutiny, both from the public and advocacy groups seeking stronger protections for women.
As the NPA’s Phindi Mjonondwane put it: “This case is about justice for the victim, her family, and society at large. The State will pursue it with the seriousness it deserves.”
