By Luvuyo Mjekula
There was relief and celebration in the Makhanda Magistrate’s Court on Thursday as the 38-year-old man charged with the murder of his girlfriend, Ntombomzi “Nomirana” Nonze, was denied bail.
Magistrate Mkontowesizwe Godolozi said releasing Mthuthuzeli Madinda would not be in the interests of justice considering, among other things, that he was a flight risk and had a violent disposition.
Manyathi is charged with the murder of Nonze, his girlfriend, in her Vukani home on 18 May.
Her body was discovered in the bedroom four days after she was killed, the court heard.
The court also heard that Nonze had had a protection order against Manyathi at the time of her death. She had also opened a criminal case against him, but it had been withdrawn because Nonze had not appeared in court.
However, the state argued that the reason Nonze could not go to court was because she had been killed, allegedly by Manyathi.
In refusing bail, Godolozi found that there was a likelihood Manyathi would evade trial after he admitted that he fled the scene after the police responded to the discovery of Nonze’s body in Vukani.
The magistrate also cited the protection order and the pending case against Manyathi. In both matters, Nonze was the complainant, said Godolozi.
If he released Manyathi, the decision would likely induce a sense of shock in the community and a lack of trust in the justice system.
The magistrate also dismissed Manyathi’s submission that he was gainfully employed at a company sub-contracted to Beer Properties. It also emerged that he had informed the investigating officer he worked at PG Glass in Makhanda, but the latter company’s owner stated they had dismissed Manyathi for placing the company into disrepute by working while under the influence of alcohol, stealing and fighting at work.
Beer Properties denied any knowledge of Manyathi or having a contract of employment with him.
Even though his Legal Aid SA lawyer tried to convince the court that a middle man known only as Bongani had hired Manyathi as a casual worker and paid him in cash, the magistrate questioned him on why they had not divulged the crucial information to the court earlier.
The magistrate said legislation demanded that he took into account the following grounds if he was to deny bail in a schedule 5 case: whether he would endanger the safety of the public, the likelihood that he will evade trial, influencing witnesses or destroying evidence, as well as undermining or jeopardising the working of the justice system and the administration of justice.
Manyathi had asked the court to release him on R1 000 bail because he needed to return to work to take care of his young children. He had no previous conviction and that the one pending case he had, had been withdrawn by his girlfriend Nonze, who is deceased. He had assured the court he would abide by bail conditions and would not interfere with witnesses, whom he did not even know. The conditions in prison would exacerbate his poor health.
State prosecutor, C du Preez, had, on the other hand, asked the court to keep Manyathi in custody until the case against him has been finalised. She also told the court the state was opposing bail due to, among other things, the prevalence of cases of gender-based violence in communities.
Du Preez said when the court asked Manyathi on 21 May, where Nonze was, he had pretended not to know where she was, only for her body to be found in the bedroom they shared in Vukani shortly thereafter.
She added that a petition containing more than 150 signatures had been filed by community members, pleading with the court not to grant Manyathi bail. The magistrate took this into account in his judgment, stating that the community was concerned about cases of gender-based violence.
Nolusindiso Baliti of Isikhalo, an anti-GBV organisation, said they welcomed the judgment because it sent a deterrent message. “I’m so happy that he was denied bail. At least it sends a message to the community, to say things like this are not taken for granted. The message has sent a strong message that this should not be done.
“We are so happy as Makhanda and Vukani because it shows unity among us and that if we can continue working together, we can succeed in the fight against GBV,” Baliti said.
The case was postponed until 11 July for further investigation.
