A Grahamstown man facing murder charges for allegedly killing his brother did himself no favours when he said he was the only one who could force his ailing mother to take her treatment.
A Grahamstown man facing murder charges for allegedly killing his brother did himself no favours when he said he was the only one who could force his ailing mother to take her treatment.
State prosecutor Asanda Koliti was referring to police evidence during the formal bail application of Zanoxolo Ntsendwana, 20, who stands accused of killing his half brother Zanethemba Mbenenge on Tuesday 18 May.
The Grahamstown regional court heard on Thursday 28 May that Ntsendwana is a user of crystal methamphetamine – the highly addictive drug commonly known as Tik.
The court also heard that Ntsendwana has a pending court case, postponed for 8 June, with charges of assault with intent to do grievous bodily harm.
It is alleged he stabbed a man with a garden fork earlier this year.
The court also heard that Ntsendwana's sister, who lives at the same address, had obtained a protection order against him some years ago, after he stabbed her.
In support of his bail application, Ntsendwana said he was the only one who could "make" his mother take treatment.
He said his siblings couldn't persuade their mother when she refused her treatment.
His mother suffers from TB and bipolar disorder.
Koliti suggested that Ntsendwana might be using force as a form of persuasion and that he could be a potential danger to his mother.
Koliti read a police affidavit in which Ntsendwana's mother put on record that she was terrified of her son.
This was on 21 May 2015. Koliti advised the court not to give Ntsendwana bail because of the influence he might have on three state witnesses who all live in his home in Joza.
These are his mother, sister and his dead brother's girlfriend.
They all witnessed Mbenenge's killing. Ntsendwana also said he should be released because he has the important duty of fetching his sister's young child from the creche.
Koliti dismissed this, saying his sister, who is 23, was old enough to take care of her child.
The lengthy hearing saw two adjournments before it was postponed in the afternoon for further investigation.
It will resume this morning with the outcome of the investigation.
Giving his reason for the postponement magistrate Shaun Murphy said, "The matter requires postponement for the investigating officer to visit the alternative address given by the accused during his oral evidence. He will remain in custody."
Ntsendwana had said he could stay with friends in Extension 6 while out on bail. Ntsendwana said staying behind bars would hinder his duty to protect his family in his crime-infested neighbourhood.
Koliti dismissed Ntsendwana's plea once more, arguing that he would not be in a position to protect his family living in Joza while he was planning on staying with friends in Extension 6.
Defence lawyer Mandla Mtukushe is expected to seek to have Ntsendwana's mother dismissed as an unreliable state witness because she suffers from bipolar disorder.
According to a police statement read by Koliti in court, the victim's girlfriend saw Ntsendwana hitting his sleeping brother with a pick handle. The statement reads that a struggle ensued and escalated, moving outside the house.
Mbenenge overpowered Ntsendwana and disarmed him. Ntsendwana then struck his brother on the head with a brick, according to the statement.
Ntsendwana told the court he had been the one under attack from his brother and had acted in self defence.
He also said it was dark outside when he struck his brother with a brick and that he'd had no intention of striking a fatal blow.
