No bail for murder-accused Bhisho widow

The widow of slain senior Bhisho official Sakhekile Ndudula was denied bail yesterday.

In an hour-long judgment, East London bail magistrate Nazeem Joemath ruled it was not in the interest of society for Bulelwa Ndudula, 44, to be released.

He said it was for Ndudula to show exceptional circumstances to support the release, which she had failed to do. Since her only evidence was an affidavit read out in court by her attorney, Simphiwe Mbabane, the state had no opportunity to cross-examine her to establish whether exceptional circumstances existed.

Joemath was not swayed by the defence’s explanation of how the accused came into contact with gunshot residue. Mbabane had argued on Wednesday that his client was exposed to gunshot residue while trying to assist her husband to the car.

This was disputed by the state, with the investigating officer saying the residue was primary and chances of acquiring it through secondary contact were minimal.

Joemath put the state witnesses at the centre of his judgment, saying it would not be in the interest of justice for them to be placed in a witness protection programme until the case was finalised. The investigating officer had testified that he would have to put his witnesses in protection if she was released.

Mbabane said the cost of such a programme should not be weighed against his client’s freedom. But Joemath found it would turn the lives of its participants upside down as they would have to change their names, homes and jobs.

The application of the accused did not weigh more than society’s interest, Joemath ruled, remanding Ndudula to custody for the duration of the trial. The matter was postponed to November 8. Ndudula was driven to the East London women’s prison.

There was a heavy presence outside the Ndudula family home on Wednesday night following police testimony that there were people planning to set it alight. — zwangam@dispatch.co.za