This follows Motumise rejecting the bail last week after the state’s non-opposition of bail without reasons.
Yesterday Motumise gave Ramotswa-born Mokgalemi Maleya, 32, bail who had been in custody since his committal to the High Court in early May. He became a free man after the judge said he took into consideration reasons of the state’ non-opposition of bail.
“I carefully considered all the circumstances on the case and used my discretion as empowered by law to give this bail,” he said.
He had rejected bailing the accused a week before seeking reasons and clarity as to why the state took the decision not to oppose.
His contention was that bail was not granted only on the basis that prosecution was not opposing.
He pointing out that there has to be a reasonable explanation as to why the to avoid fuelling public outcry on issues of bail.
Maleya represented by Sesupo Masaka appeared alone in court and is accused of murdering Davids together with 31-year-old Zimbabwean, Jabulani Dube.
Dube is still in custody, as he did not appear to seek bail since his work permit has been cancelled.
The two former farm workers are facing one count of murder as the state alleges that on January 14, 2018 at Serilatholo village near Letlhakeng the duo murdered their employer, 68-year-old Davids.