No bail for man accused of killing ex-girlfriend
Mother of two children shot dead in full view of co-workers at school
A man accused of killing his exgirlfriend execution-style on a school playground has been denied bail.
Avumile Mbuyiseni Nodongwe allegedly killed Noloyiso Gengqa.
The 35-year-old mother of two young children was shot dead in full view of terrified coworkers at Mandleni Junior Secondary School in Xunu village near Mthatha on August 24.
Dismissing the bail application on Monday, Mthatha magistrate Sibusiso Xolo said the case involved a schedule six offence.
He said the onus was on Nodongwe, and not the state, to prove to the court there were extraordinary circumstances that could permit his release on bail.
It was not for the bail court to establish if he was guilty.
However, the state should prove if there was a prima facie case.
“In addition to the confession that he is claimed to have made, there is also evidence that there was a witness and that the applicant had even pointed a firearm at her.
“So I am satisfied that there is a prima facie case against the accused,” the magistrate said.
He said Nodongwe’s arguments for R500 bail — which included looking after his grandmother’s livestock and getting odd jobs to support his six-year-old child — was not enough to see him released.
“The state says that the case was pre-planned and is a very serious offence.
“The state fears for the safety of the witnesses and also is nursing fears for the safety of the applicant himself if he is released on bail.”
Earlier, Nodongwe’s Legal
Aid SA lawyer, Buhle Ndabambi, argued that her client was a law-abiding citizen who had not evaded arrest, had handed himself over to police and had no previous convictions or pending cases.
She charged that no identity parade had been done and that the state’s case was weak.
Prosecutor Nobuntu Mbunye said the state’s case was watertight.
“He brutally killed her during August, Women’s Month, when anti-gender-based activities are stressed and women’s rights are celebrated,” Mbunye said.
“Also the witnesses are women and they even knew her before the killing.
“So there was no need for an identity parade.”
Investigating officer Detective-Constable Masakhane Putumani said that the community of Xunu, where Gengqa lived, and residents of adjacent Manyosini village, were baying for blood.
Protesters, who included activists, church leaders and family members, celebrated as the news was received that bail had been denied.
The magistrate postponed the case to October 29 for further investigation.