Durban — The mother of an 8-year-old boy who was beaten, strangled and killed by his father said that the Pinetown magistrate who refused the accused bail saved her life.
Nonhlanhla Sibisi had been speaking outside court on Tuesday, where her ex-boyfriend, Siyabonga Innocent Shezi, was denied bail.
Shezi is alleged to have beaten and strangled Sfundo Sibisi in the Shongweni area in January 2023 three months before his ninth birthday and a few days away from beginning Grade 3 at Umthala Primary School in KwaNdengezi.
Shezi was arrested on the day of the alleged murder. At the time he tendered in a confession and had done a pointing out of the scene to police following his court appearance, Shezi chose to abandon his bail application.
However, after his matter had been transferred from the district to the regional court, which is the trial court, and after a pre-trial conference was held, Shezi in an about-turn indicated that he wanted to exercise his right to apply for bail.
During the bail application, Shezi had told the court he wanted to be released on bail to take care of his sickly mother and to re-start his tuck shop business where he also sold fast food.
During the bail application, it also emerged that Shezi had sent a Facebook message to Sibisi after Sfundo’s murder with a list of people he was going to kill, which included Shezi’s mother, his sister, his grandmother, and Sibisi.
The four women are also State witnesses in the case.
“The magistrate by denying him bail and him being behind bars still, means that she saved my life. The court saw he would be a danger if he is released. I am happy about today’s (Tuesday) outcome and now we will wait for the trial. I am hoping that it is a speedy one so that I can begin healing over my son’s loss,” said Sibisi.
Ahead of magistrate L Gurie delivering her ruling on bail, State prosecutor Rowen Souls and Shezi’s Legal Aid attorney, PM Dlamini, addressed the court on the merits of the case.
Dlamini asked the court to take into consideration the fact that the matter has been on the roll for a long time as an exceptional circumstance permitting the accused’s release on bail.
“The applicant (Shezi) is languishing in custody which can be regarded as an exceptional circumstance. The trial not starting is out of his control – if the trial had started earlier maybe the bail application would not have happened,” said Dlamini.
Souls argued that at the time of arrest, Shezi did not have a business or a bakery, adding that these circumstances can never be taken as exceptional.
“He has no fixed address where he will go. Where will the State find him? He faces life imprisonment, there’s a likelihood he will to evade trial. He told the court he did not know the witness, that was untruthful. The state has a strong case and he knows that he can evade trial,” said Souls.
In her ruling, magistrate Gurie said Shezi having been behind bars for a lengthy period was not an exceptional circumstance permitting his release on bail. In fact, Shezi’s trial date was set in February to be in May, however, he indicated he wanted to apply for bail right before the trial was to start.
“At the end of the day, you do know who the witnesses are, your bare denial is no good at this stage,” she told him. “You don’t have a fixed address established. Without a fixed address how is the court to find that you are not a flight risk and not evade trial?
“Should bail conditions be set, I don’t believe you will adhere to these. Even if you are released on bail, the lives of witnesses are at stake. You do not qualify to be admitted for bail, there’s no emergency there's nothing outside that requires you to be outside urgently.”
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