Stacha’s family is outraged that Randy Tango, 31, their neighbour, would dare to ask to be freed on bail after breaking his parole conditions.
Tango was released on parole last October while serving time for car theft.
Yesterday, Tango heard Magistrate Walter Golding’s ruling at the Mitchells Plain Magistrates’ Court on whether to allow him access to his confession or not.
Last week, his lawyer Advocate Tuso Motshebe made an application asking for a copy of the confession.
Motshebe said he needed to know whether the confession was the State’s only weapon and what type of case the State had, also to help prepare for his client’s bail application.
But State prosecutor Darren Johnson vehemently opposed the request saying the confession formed part of a police docket.
Golding argued that the State did not convince the court that the defence should not get their hands on the confession and granted Tango and his lawyer a copy by end of the work day yesterday.
“The State did not explain why it could not disclose it,” he said.
“They did not explain if the release of the confession could expose witnesses or hamper the early stages of the investigation.
“Given all the facts, this court is to disclose part of the docket, the copy of the confession to the defence by the end of the day.”
Tango stood emotionless in the dock wearing a neat striped T-shirt.
He heard his bail application would begin on 7 June.
Stacha’s mother Sandy Markgraf, stepdad Shannon Markgraf, father Stanley Godfrey and paternal grandmother Dawn Godfrey were present in the jam-packed courtroom, which was monitored by police officers.
Outside, members of the Mitchells Plain Crisis Forum and community members protested, calling for no bail.
Stacha’s uncle Henry Arends told the crowd Tango was allowed a copy of the confession, but said they were angry that he was still applying for bail: “He broke his parole conditions so how can he still be allowed to apply for bail?
“The law needs to re-look this of asking for bail when you have broken your bail conditions.”
Stacha disappeared on 27 March while watching movies at a friend’s home in Matroosberg Street, Tafelsig.
The next day, the 11-year-old’s naked and battered body was found dumped on a soccer field in Swartklip Road.
Blood-stained clothing had also been removed from a house.
Close to 5 000 signatures on a petition opposing Tango’s release on bail were submitted to the court last week.