Case withdrawn due to lack of evidence

The case of murder against Buyisile Mbebe who was accused for killing Nombulelo Msindwana was withdrawn by Magistrate Ganasen Narayamsy on Wednesday.

The decision angered the Newvalecommunity on Wednesday, as they promised to get justice for Msindwana.

Mbebe appeared in the packed courtroom on Tuesday, the defence submitted its sworn affidavit while the state submitted the affidavit of Thabo Moss and a petition from the community of Newvale.

Mbebe’s affidavit was marked as exhibit A while Moss’s affidavit was marked as exhibit B and the petition as exhibit C.

After the submission, the defence said the community of ward 13 argued that it was not in the interest of justice to grant Mbebe bail and that the community would not feel safe if Mbebe was released on bail. The defence attorney argued that the court could not be dictated to by the community on the granting of bail.

It further stated that if the release of Mbebe on bail was going to threaten the lives of the community, Mbebe could be released to another area where he would not endanger the lives of the community.

Narayamsy said in the investigating officer’s affidavit, it was stated that the community had warned that if Mbebe is released on bail, they would kill him.

The defence stated that if the public attacked Mbebe, they would face the law.

Narayamsy asked for the state to verify Mbebe’s alternative address before he could take a decision on whether to grant bail.

He assured the community and Mbebe that he would consider all the affidavits before taking a decision.

The matter was postponed to Wednesday for the confirmation of Mbebe’s address.

On Wednesday, the matter was the first to be called by the court and after few minutes of talking between the prosecutor and the defence attorney, the matter was withdrawn due to lack of evidence.

The angry residents outside the court said they would not stop until the Msindwana family got justice.

The defence attorney argued that the court could not be dictated to by the community on the granting of bail

Picture: TEMBILE SGQOLANA SPEAKING OUT: Residents of Newvale picket outside the Queenstown magistrate’s court on Wednesday, demanding justice for Nombulelo Msindwana, who was murdered in her Newvale home recently.