The Rep 12 March 2021

2 Tel: (045) 839-4040 / editorial: mjekulal@therep.co.za / advertising: charodinev@therep.co.za 12 March 2021 THE R E P R ES E N TAT I V E
Group opposes bail for murder accused
Pregnant woman brutally beaten in front of child
ZINTLE BOBELO
As the nation recognised
International Women’s
Day on Monday, genderbased
violence activists
picketed outside the
Queenstown magistrate’s court
to oppose bail for a man
accused of killing his pregnant
girlfriend, an incident that was
reportedly witnessed by the
couple’s six-year-old daughter.
The man, who appeared
before court on a continued bail
application, is said to have
physically assaulted his
girlfriend on the night of
February 7 in Enkululekweni,
allegedly with a hammer, which
resulted in her death at Frontier
Hospital.
During court proceedings
the investigating officer took to
the stand and opposed the
release of the accused, stating
that he would endanger the sixyear-old
child, who had already
made a statement, that he was
likely to influence the witnesses
and that he would disturb public
peace and order.
“When I spoke to the child
she said she was afraid of the
father and that he must not
come out. She said it was not
the first time that he had abused
the mother and she was there to
witness it.”
The investigator read out a
memorandum issued by
Enkululekweni residents and the
ANC Women’s League which
opposed the release of the
accused. He also said the
children were living with their
maternal grandmother and they
were safe and living happily in
the absence of the accused.
The defence attorney,
however, submitted that there
was no history that the client
had been violent or tried to
influence the witness and that it
was pure speculation from the
investigating officer’s side.
She further stated that no
threats had been made by the
applicant towards the
community and that outrage by
the community could infringe
on his constitutional rights.
It was also revealed that the
alleged weapon used in the
incident has not been sent in for
forensic testing and that it would
take about two months to obtain
results. With the accused having
been in custody since February
9 the defence argued that this
would be prejudicial to him.
The state refuted this. “Th e r e
was a huge protest last Friday
and we do not know what might
happen. The release will not be
in the interests of justice
considering that his life will not
be safe,” the prosecutor said.
Nongazi Magwashu, who
was part of the ANC Women’s
League, was there to oppose
bail. Reading out the
memorandum handed over in
court, Magwashu said:
“Thousands of women and men
across the country are raising
their voices in outrage, saying
this must end. Every day women
are killed, raped and brutalised,
not by monsters, but by the men
whom we share our beds and
homes with. We are tired of
being killed and brutalised at
the hands of men. We call for an
end to the senseless violence
unleashed on women’s bodies.
“The victim was pregnant
and this man did not care about
that and the two babies who will
never see their mother again.
The judiciary, prosecutors and
law enforcement must intervene
in these cases of violence
against women and girls with
gender sensitivity and
NO BAIL: Angry protesters singing outside the Queenstown magistrate’s court last week were
there to oppose bail for a man accused of murdering his pregnant girlfriend Picture: ZINTLE
BOBELO
awareness. We want effective
justice now, not tomorrow.”
Nomzamo community
leader Mnqophiso Naye said
women should feel safe around
men and condemned acts of
violence against women.
“In the name of men, we say
no bail for the accused. He must
remain in prison and for justice
to prevail.”
Friend of the victim
Sandiswa Mavango, who was at
the couple’s home during a gettogether
on the day of the ordeal
and who was not aware of the
pregnancy, told The Rep
reporter that the accused was
known to be violent towards his
partner, recalling an incident a
while back when the accused
had allegedly tried to burn
down a shack they were in at
Ezibeleni.
“We were all sitting together
drinking that night ... We saw
that a fight was brewing (about
money), but my friend and I left.
“We were informed that our
friend (the victim) had been
assaulted by him and was in a
serious condition in hospital.
“When I went to visit her in
hospital, she was in a coma. We
were told she had serious head
injuries and I could see there
was no hope. I want him to stay
behind bars until he is
sentenced because our fear is
that he might do something to
his own child who gave a
statement. ”
The accused was remanded
in custody and will appear on
Monday to hear his fate.
Principal, teacher in court on assault charges
LUVUYO MJEKULA
The principal and a teacher of a primary school in
Mlungisi appeared in the Queenstown magistrate’s
court on Tuesday on assault charges.
Bukelwa Mdlela, 56, the principal of
Thembelihle Public Primary School, and Bukelwa
Mgwigwi, 45, a teacher at the school, were
allegedly involved in a scuffle with the son of
another senior staffer on Wednesday March 3 at
the school in Soga Street.
The son apparently went to the school to
deliver something to his parent when he was
allegedly attacked.
Police spokesperson Capt Namhla Mdleleni
said: “Both teachers were charged with common
assault and are out on warning.”
During their brief court appearance, the two
teachers were informed of their constitutional
rights, including appointing a private legal
representative or applying for legal aid.
They both chose to hire a private attorney and
the case was postponed until March 26.
A group of about 10 teachers dressed in white
golf shirts spent most of the morning outside the
court, in solidarity with their colleagues.
Meanwhile, reports made the rounds that
pupils were left in the care of teacher assistants,
with little or no teaching or learning taking place.
However, when a Rep journalist visited the
school on Tuesday, a senior teacher denied this.
He said teaching was continuing despite a
number of teachers having gone to the court.
“We are about 30 [teachers] and, as you can
see, children are in class,” the teacher said.
According to sources, an ongoing dispute
between the principal and the deputy principal
had caused rifts among staff at the school.
This was reportedly affecting the day-to-day
functioning of the school.
The Rep learnt that the situation had been
reported to the district office.
In a statement to The Rep, provincial education
spokesperson Mali Mtima said the department had
launched an investigation into the matter.
Mtima said: “An investigation was launched by
the department and now is in its final phase as the
province will issue charges to the affected parties
in preparation for a disciplinary hearing.
“In the meantime, we are facilitating a process
that will ensure both teachers are placed in
different schools while an internal team-building
session is on the cards to promote working
together and restoration of trust among the
colleagues and the school management.
“Both processes are meant to ensure school
stability and functionality to ensure neither
teaching nor learning are compromised ...“ he
said, adding all stakeholders would be included.
Church gets officials interdicted
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ZINTLE BOBELO
Five church officials from the
Ethiopian Catholic Church of SA
have been restrained from
interfering and functioning as
reverends in the Eastern Cape
diocese of the church, according to
a court order.
¿
24 Prince Alfred Street, Komani
PO Box 453, Komani, 5319
045 839 4040 / Fax: 045 839 4059
Chris van Heerden, vanheerdenc@arena.africa
Luvuyo Mjekula, mjekulal@therep.co.za
Charodine Visagie, charodinev@therep.co.za
www.therep.co.za
@RepKomani
According to a document sent to
The Rep, the canon of the cathedral
of the Eastern Cape diocese of the
church, Mthuthuzeli Mgulwa, who
had made the application, stated
that an archbishop and four
reverends who were stationed and
serving in the Gauteng diocese of
the church were
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“unconstitutionally” interfering with
the Eastern Cape diocese.
“The archbishop ordained and
appointed ministers to function in
the Eastern Cape diocese without
even consulting the diocesan Bishop
or without the knowledge of the
cathedral dean.
“This is unconstitutional and
amounts to ungodly conduct as it
created a chaotic state of affairs
within the Eastern Cape diocese,”
Mgulwa stated.
“As a result of this, physical fights
broke out in the church.
“I am not only duly authorised
by the constitution of the church to
bring this application, but I am also
doing so with the authority of the
diocesan Bishop as well as the
synod of the diocese of the Eastern
C a p e .”
In response to the application
brought by Mgulwa, the court order
stated: “Having heard the
application as per notice of motion
on January 22, after the respondent’s
legal advisor failed to make any
appearance to oppose the
application, the first respondent is
specifically interdicted and
restrained from unconstitutionally
interfering in the functioning of the
Eastern Cape diocese of the church
and the second to fifth respondents
are interdicted and restrained from
functioning as reverends in the
Eastern Cape diocese of the church.”
The court, however, issued no
order as to costs, according to the
document.
Speaking to The Rep,
Archbishop Johannes Mhlupheki
Nxumalo, who denied having
interfered with the functioning of the
church, did not want to comment
further on the matter.
Mgulwa said the church would
host a conference and a candlelight
service this weekend.
“There will be a diocese
conference on Saturday when the
bishop will address church
members.
“Following the restraining order
against those people who were
causing unrest, the bishop will put a
cabinet in place.
“We are calling on all Ethiopian
Catholic church members to come
back, reunite and restore the soul of
the nation through prayer.
“There should be peace in the
ch u rch ,” he said.