Durban — Already out on bail charged with murder, a 22-year-old father of two with another on the way was again granted bail, this time on a charge of attempted murder.
Simphiwe Zuma appeared on Tuesday in the Pinetown Magistrate’s Court where he made his formal bail application that the State opposed.
Zuma is alleged by the State to have stabbed the complainant multiple times and left the complainant for dead last Saturday.
Next Wednesday is Zuma’s date to appear before one of the trial courts in Pinetown, Regional Court 2, where he is out on R2 000 bail on a charge of murder.
On Tuesday, in a bid to have Zuma, who turns 23 in November, released on bail his Legal Aid attorney, M Ameer, did so by way of an affidavit, where he first took the court through his personal circumstances.
He told the court that Zuma had two children, his girlfriend was six months pregnant and he was employed as a gardener for a facilities management and cleaning solutions company on a casual basis.
Ameer said Zuma faced the possibility of having his job at risk if he continued to be kept in custody, causing his dependants to suffer.
“He has a pending murder case and is out on R2 000 bail.”
Ameer said Zuma was arrested at his home in Embo and understanding that whatever he said during the bail application could be used as evidence at the trial stage, he elected not to deal with the merits of the case except to say that he intended on pleading not guilty.
“He has no previous conviction, has employment and there was a misunderstanding. He also has lacerations and he was assaulted. There is no proof that he is not attending his matter in Regional Court 2,” he said.
In the affidavit, Zuma explained that on the day of the alleged attempted murder he had been drinking with the complainant, who got into a fight with Zuma’s brother, and when he intervened the complainant hit him.
“I defended myself … Should I be released on bail I will not evade trial, I will not intimidate witnesses, I will not undermine the proper functioning of justice,” said Zuma.
Backing his claim of self-defence, Zuma showed the court the 3cm cut on his right arm and the four lacerations on the back of his left hand.
The investigating officer in the matter, Sergeant B Gasa, through an affidavit told the court that Zuma had a misunderstanding with the complainant and stabbed the complainant a number of times, leaving him for dead.
Zuma is alleged to have used a knife in the commission of this offence.
The State suggested bail be refused as Zuma’s release would endanger the public given that he was already out on bail for murder.
In granting Zuma bail of R2 000, Magistrate Wendalynn Robinson said that the onus had been on Zuma to establish a balance of probability that he had exceptional circumstances that permitted his release on bail.
“I’ve noted your version of self-defence. I have taken into account that your girlfriend is heavily pregnant and that you support your minor children.”
Zuma’s bail conditions include that he relocate from Embo and not contact witnesses or the complainant.
Daily News