Funeral boss stuns bail court
‘Anger made me do it ... lock me up and throw the keys away’
“EVEN if I don’t get bail, I will not remain in jail eternally. “What makes the court sure that when I come out I will not get to see her?”
This was the response of Mdantsane funeral parlour owner Mzimkhulu Nomnganga, 48, to state prosecutor Nondumiso James.
It sent a shockwave of whispers through the full gallery in the Mdantsane Magistrate’s Court yesterday.
Before magistrate Noluntu Mkwali adjourned the hearing, Nomnganga was full of confidence, smiling and greeting people in the gallery and court orderlies.
The hearing took four hours and often saw heated clashes between the accused and the prosecutor and magistrate.
It was first time the Baxolise Funeral Services and tavern owner was in the dock.
He faces a charge of intimidation for sending multiple death threats via SMS and WhatsApp to his former girlfriend and the mother of his child Unathi Miti, 29, and a charge of attempted murder for later allegedly stabbing her.
Miti was in the court gallery looking positive and confident.
James told the court that Miti said in her statement Nomnganga had pepper-sprayed her before stabbing her four times in the back a week ago at the Mdantsane Highway taxi rank.
Court proceedings started with Nomnganga failing to disclose his previous convictions.
He told the court they were “a thing of the past”.
He was warned by Mkwali that failure to disclose previous convictions was unlawful and carried a penalty of up to R40 000.
James then read out his rap sheet:
● In 1991 Nomnganga was convicted for theft;
● In August 1994 he was convicted for theft;
● In November 1994 he was convicted for theft;
● In January 1996 he was convicted for theft;
● In February 1997 he was convicted for theft;
● In September 1997 he was convicted for theft; and
● In 1998 he was convicted for possession of drugs.
No details of the thefts were provided.
Halfway into his four-hour session in the dock, he told the court he had stabbed Miti and sent her death threats via WhatsApp, but denied any knowledge of contravening a court protection order served against him after Miti sought help.
When shown the protection order he said he thought it had been “withdrawn”.
At one point in a unruly exchange with the prosecutor, he stated emphatically: “I did not kill her. I was not going to kill her, I just stabbed her because my wife left me because of her. It was anger.”
He said he had a fallout with Miti because he caught her cheating and she was the reason his wife left him.
When pressed by James, he said he was in the process of divorcing his wife, and that he had been living with Miti for nine years.
During another spat with the prosecutor he declared: “I have reasons to threaten her because of the things she said and did.
“Anger made me do it and, if I repeat it, lock me up and throw the keys away.”
This caused a buzz in the gallery. Nomnganga’s advocate Ntsikelelo Lufele argued that his client needed to be granted bail because his businesses had no one to run and maintain them and his 24-year-old son was struggling to keep them afloat.
He had opened the funeral parlour in 2005 which had two employees.
He said he earned R50 000 a month from the funeral business.
He also owned a tavern which he opened last year. Both businesses are in Mdantsane.
He also argued he needed to maintain his five children, each with a different woman. The children are 6, 6, 12, 14 and 24.
The bail application was postponed to tomorrow and the accused remains in custody. Lufele said he only received the case late on Monday and he needed time to “consult”.
Outside the court, Miti was surrounded by about 50 members of the African Democratic Change (ADC) party who held placards stating: “No mercy, no bail.” Miti was wearing the party’s T-shirt.
Miti told the Dispatch outside the court that much of what Nomnganga had said in court was untrue.
She said she did not want him to get bail.
“He is not remorseful. I won’t be at peace unless justice is served.”
ADC regional chair Sibulelo Ngcutha said they were supporting Miti because they were tired of hearing about women being abused and they hoped the law would take a stand. —