The State argued that the military man Lwanda Mxolisi Zungu charged with the murder of his wife did not deserve the privilege of bail as there was a likelihood he would interfere with State witnesses, including his mother-in-law and his two children who allegedly saw him shoot his wife six times. Picture: Anelisa Kubheka
Durban — The State described its case against an SANDF member charged with his wife’s murder as strong and watertight.
State prosecutor Ehud-Jadon Francke said this in his closing arguments in the bail application for reservist Lwanda Mxolisi Zungu on Monday in the Pinetown Magistrate’s Court.
“The defence’s submission that the State’s case is weak is far-fetched, to say the least … The defence is grasping at the thinnest of straws. It’s a strong, watertight case with three witnesses who were present who know the applicant.
“When it comes to the likelihood that he will interfere and possibly be a threat to witnesses, the applicant in his evidence said he did not know the State witnesses. My submission is that he does,” he said.
Zungu is accused of shooting (and killing) his wife Tania Msane-Zungu, once in the head, four times in the neck, and once in her body in their Pinetown home while his two children (boys aged 11 and 15) as well as their grandmother Gwen Msane were in the house.
After that, he ran away and later handed himself over to the police, two days after the shooting.
Francke said that the State was opposed to Zungu being released on bail as per the investigating officer’s bail affidavit.
“This affidavit is clear: the applicant (Zungu) already threatened a State witness and he will be a threat to other witnesses. He handed himself over to police after two days, it’s not clear what he did in those two days … The State’s evidence is before the court and the summary of facts is clear: the accused is not suitable to be around children, and they need to be protected from him as he showed disregard for their safety and now they are witnesses.”
The investigating officer’s affidavit describes how Zungu on the morning of the shooting had not followed his normal morning routine before going to work. His wife was heard screaming from their bedroom that he was hitting her, and when his mother-in-law and the couple’s children got to the bedroom they found him standing on the bed while his wife lay on it and he then began shooting several times.
“From the investigating officer’s affidavit, it’s evident that this murder was premeditated and planned. There’s a misconception that for murder to be premeditated one needs to plan ahead; however, this is not the position in law. The investigating officer’s affidavit is clear: the applicant knew what he was doing; he stated in front of the State witnesses – be free my son – before firing shots into the body of the deceased,” said Francke.
Zungu in his bid to be granted bail had told the court that he wanted to further his studies and start his own business to provide for his family as he had another child, a 14-year-old girl he was supporting.
Francke argued there were no compelling circumstances permitting Zungu’s release on bail and said: “Bail is not a right, it’s a privilege.”
The matter was adjourned to Thursday for a ruling on the bail decision.
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