Magistrate denies bail plea
Pregnant baby snatcher accused to remain behind bars
Seven-month pregnant child snatcher accused Asiphe Cetywayo was on Friday denied bail by the East London magistrate’s court.
She is accused of kidnapping Kamvalethu “Kamva” Ncwadi, two, from the verandah of her Southernwood home on December 16.
Her lawyer, NomaAfrika Wakashe, argued her client might give birth at any time, saying being incarcerated might affect her unborn child.
In her affidavit read by Wakashe, Cetywayo pleaded with magistrate Joel Ceaser to grant her R500 bail and promised she would abide by any bail conditions. She said she was intoxicated on the day of her arrest and that her personal circumstances should be taken into account.
“I have a three-year-old child and am unemployed, but I do odd jobs as a domestic worker earning R500 a week,” she said.
Cetywayo said her Kei Mouth home is where she has been residing with her family since birth. However, investigating officer detective Xolisa Shimba, who opposed bail, told the court that Cetywayo’s grandmother and uncle had told him they did not know her whereabouts in the last two years.
“I am seven months pregnant. However I am not suffering from other illness and do not have travel documents,” she said.
Wakashe told the court Cetywayo would plead not guilty to the charges.
“I have a child to look after, and take into account I’m seven months pregnant and being in custody could affect my unborn child,” she said through Wakashe, adding that her three-year-old son has been with his father since she was arrested on January 1. “I want to go out and look after my child.” But private investigator Leon Nel and Shimba opposed bail and described Cetywayo as a flight risk and that releasing her on bail would not be in the interest of justice.
When Nel took the stand, he told the court the motive behind Cetywayo allegedly kidnapping the toddler was unknown, besides her love for children. Nel said Cetywayo has no emotional, family or occupational ties in East London, making her a flight risk. Cetywayo also has a number of aliases, such as Asiphe, Anelisiwe and Sinazo.
“She does not have any fixed assets besides a suitcase containing clothing.”
When Wakashe asked Nel what his interest was in the case, he said he was drawn to the case after learning about it from the media and social networking sites.
“I did not expect or receive any money or promises whatsoever. My motive has been and still is to help others because I can.”
Nel said Kamva’s kidnapping had a negative impact on the emotional wellbeing of the Ncwadi family.
He told the court that Kamva had developed trust issues and suggested that she and her family be taken for therapy.
Shimba testified that: “When I arrived at her home in Kei Mouth, I found her grandmother and uncle. They told me she’s always on the street. The uncle said it’s been almost two years without them seeing her. From the manner in which her family described her, she appears to be a person who is not easily found and an intolerable child.”
Ceaser denied Cetywayo bail, remanded her in custody and postponed the case to February 12.
Her lawyer, NomaAfrika Wakashe, argued her client might give birth at any time, saying being incarcerated might affect her unborn child
IN CUSTODY: Child snatcher accused Asiphe Cetywayo, 21, appeared at the East London magistrate’s court on Tuesday for a formal bail application.