The Butterworth Magistrate’s Court, on November 17, refused bail to Yibanathi Ndema (43), who is charged with premeditated murder and defeating the end of justice.
It is alleged that Ndema killed his wife, Noluvuyo Nkwelo (36), at their marital home at Zingqayi location in Butterworth, on July 1, 2019.
According to the spokesperson for National Prosecuting Authority, Luxolo Tyhali, on July 3, 2019, Ndema reported his wife as a missing person to the police.
Tyhali said Ndema was arrested in August this year, after the deceased’s remains were found buried underneath a bathtub, in the bathroom of the house the couple shared. “The couple’s children alerted their grandparents that, since their mother’s disappearance, the bathtub had been repositioned. That prompted the police to search Ndema’s home, leading to the discovery of the remains buried along with hospital cards and pregnancy results, bearing the names of the deceased,” said Tyhali.
He added that DNA results had confirmed that the remains were indeed those of the deceased, which had been since released to her family for proper burial.
Tyhali said when Ndema made his second appearance in September, he abandoned bail but at a later stage he made a U-turn. His attorney contended that the charge was a schedule 5 offence, meaning it was not premeditated murder.
“Ndema also distanced himself from a confession he made to the police admitting that he had murdered his wife because she was having an extramarital affair. The prosecutor, Andile Tembani, submitted a confirmation from the Director of Public Prosecutions to the effect that the Ndema’s alleged offence was a schedule 6 offence, which was accepted by the court.”
It transpired during Ndema’s application that his wife once opened a case of assault with intent to cause grievous bodily harm against him, and was granted a protection order in January 2019. Both the case and the protection order were later withdrawn.
Delivering judgement on bail, Magistrate Lundi Qangule agreed with the prosecutor that releasing him on bail would not be in the interest of justice and society.
“He stated that Ndema failed to show exceptional circumstances permitting his release on bail, as required in a bail application for a schedule 6 offence. The court also found that the state had a strong case for the accused to answer.”
The case has been postponed to January 17, 2022, for further investigation and the High Court date to be arranged.
