SANDF man accused of killing wife bids for bail
|Published
Durban — The Pinetown Magistrate’s Court will make a ruling on whether the defence for an SANDF member charged with the murder of his wife, could re-open its case in his bail application after it has been addressed on certain issues.
Lwanda Mxolisi Zungu is accused of shooting and killing his wife Tania Msane-Zungu in their Pinetown home while his two children and their grandmother Gwen Msane were in the house. After that, he ran away and later handed himself over to the police.
The bail application started on Friday with Zungu’s defence presenting its case. It was adjourned to continue on Tuesday where the defence wrapped up its case. The State was next to present its case in the bail application.
When State prosecutor Ehud-Jadon Francke told the court that he would be submitting a bail affidavit by the investigating officer, Zungu’s defence advocate Muzi Mzelemu said the defence had not had sight of this affidavit.
He then lodged an urgent court application for the defence to reopen its case in light of this affidavit in an effort to have Zungu take the stand and reply to allegations made against him in the bail affidavit.
On Wednesday, magistrate Wendolyn Robinson was expected to make her ruling after hearing the urgent application brought by Zungu’s counsel on Tuesday. Mzelemu was not in court on Wednesday; his instructing attorney Lindo Mthembu was standing in for him.
“I will not give my ruling today as I have done research and I require the defence to address me on certain issues. Mr Mzelemu is not here to deal with those issues.
“We had agreed on the 25th for further evidence, we will use that date for Mr Mzelemu to address me on the issues before I make my ruling on his application,” said Robinson.
The matter was adjourned to next week.
Msane-Zungu, who was killed in January, was shot six times and had bullet wounds to her chest and neck.
Zungu is charged with murder, read under the Domestic Violence Act, which the State alleges was premeditated.
Zungu had previously abandoned bail but at his last appearance last month, he made an about-turn indicating that he wanted to apply for bail.
The couple are said to have been married for more than 10 years and renewed their vows last year.
It is alleged that Zungu found out that Tania was cheating on him with someone close to him and that might have been one of the reasons why Zungu allegedly decided to kill her.
Outside court, Msane-Zungu’s mother, Gwen Msane, said she did not see the postponement as a delay.
“To us it is progress, there is new shocking important information that the family has provided to the State,” she said.
She explained that the family was confident that this new information, which shocked the State, would see the accused denied bail.
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