Court tears into estranged husband of Mthatha doctor

Members of the public in the court gallery nodded in agreement as the magistrate gave his scathing bail ruling in the case of Siphiwo Mngxali.

Mngxali, 51, the estranged husband of Dr Yolisa Siphambo-Mngxali, was applying to be released on bail after his arrest nearly a month ago.

However, his application was denied in the Mthatha Magistrate’s Court yesterday.

“It is not a mere speculation before this court; there is evidence that the complainant was threatened to be killed, and also her children were threatened to be killed, and also the applicant threatened to kill himself,” magistrate Melikhaya Dlakopu said.

It is alleged that on February 26, Mngxali and an unnamed accomplice broke into a property that operates as a BnB establishment in Fort Gale, Mthatha, and stole two television sets, a bar fridge, a microwave, a kettle and a toaster.

It is also alleged Mngxali fired shots before driving away in a white VW Polo.

In his evidence, Mngxali told the court he had been in East London at the time of the alleged offence and had evidence to support his version.

But it is the state’s case that video footage, according to the investigating officer Constable Wandile Tshaka, places Mngxali at the scene.

He was also identified by his wife as being the one in the video.

Mngxali faces two counts of attempted murder, of Sbu and Fundiswa Mtsolo, domestic workers at the premises, theft and contravention of a protection order opened against him by his wife in January.

The magistrate said Siphambo-Mngxali’s evidence of threatened violence towards her was clear.

He said if this kind of “offence in the jurisdiction of Mthatha were food, it would be the staple food of this area”.

Dlakopu said Mngxali’s version was consistent with what he had said in his evidence, that he was not in Mthatha on the night in question.

But he said Mngxali had never mentioned that he was with Linda Mabulu, who testified to being with him.

“She [Siphambo-Mngxali] is in a place of safety, unable to do her job ... she is a medical doctor.

“This is a person who is doing essential services to the people, and now is unable to do her job.

“There is an interim protection order which was served on the applicant but he is placed by the state at the scene ... can we say he will obey the conditions of the court? The answer is no,” Dlakopu said, earning a nod from SiphamboMngxali in the gallery.

“There is evidence that at times he threatened to kill himself.

“Is it safe for him to be outside? The answer is no.”

The magistrate said Tshaka was correct in saying people would lose confidence if the court released Mngxali on bail.

“The voice of the complainant in cases of this nature is very important ...

“The affidavit of the complainant is very clear. The question to be answered is ... must she be one of the statistics [of gender-based violence]?

“The court is of the view that you failed to discharge on a balance of probabilities to show that the interest of justice permits your release.

“Bail is accordingly refused.” Mngxali will be back in the dock on May 5 after his case was postponed for further investigation.

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