Durban — Constable Lungisani Xaba, who is charged with the murder of his 70-year-old mother, was denied bail, again, in the Pinetown Magistrate’s Court on Wednesday. In May 2022, Xaba is alleged to have used a wooden plank with nails in it to beat his mother, Greta. She succumbed to the injuries she suffered a day after the attack.
Xaba has been behind bars since May last year and was refused bail in July. He recently approached the court wanting to be granted bail based on new facts.
However, Magistrate Wendalynn Robinson ruled that the facts he had presented to court could not be considered new and were not enough for her to change her initial decision. His trial date has been set for July 7.
Xaba’s defence counsel, Nosizwe Bantwana, told the court that exceptional circumstances existed that permitted her client to be released on bail. Bantwana read to the court Xaba’s affidavit in which he stated that his children have immensely suffered and that he was unable to meet his financial obligations while incarcerated.
“There have been no provisions for my children to commence with the school year as I had been providing for them. Investigations have been finalised so the fear that the State had that I would interfere with witnesses or the investigation can be allayed. I have been offered employment.
“As soon as I get bail I will have the means to provide for my children. I have faith in the South African justice system. I will relocate and abide by any conditions set by the court. There is no basis to refuse me bail. I will not evade trial, endanger the public’s safety or interfere with witnesses,” said Xaba.
Further to this, Bantwana presented the court with an affidavit by the mother of one of Xaba’s children.
In it, the woman said that she was unemployed and following Xaba’s arrest she has not been getting any money and was struggling with school fees and school transport for her child in primary school.
“The transport driver is refusing to take him to school.”
Bantwana also presented the court with an affidavit from Xaba’s prospective employer with the business situated in New Germany who made an undertaking that he would employ him as an administrator and pay him R6 000 a month.
State prosecutor Nomcebo Xulu argued that one of the State witnesses was Xaba’s relative and that New Germany was a stone’s throw away from KwaDabeka, adding that his prospective employer had been contacted by an unknown man who said he was Xaba’s attorney and asked if he could give him a job, to which he said he could assist.
She presented to the court a statement from the investigating officer, Sergeant Siphesihle Jila, which said that following a visit to the child’s school it had surfaced that the child was attending school every day and there were no issues with school fees.
In her ruling, Robinson said that when she initially denied Xaba bail he was employed by the SAPS, and on Wednesday he had failed to prove that his children’s needs were not being met.
“The witnesses are all still the same ones and you are well aware of who they are, that threat has not fallen away.”
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