Zwakala is charged with murder, house robbery and conspiracy to commit murder following the death of her former employer Thira Mitha on 10 December last year.
Le Roux cited that Zwakala was a flight risk as she had no home to go to because the accused’s mother had demolished Zwakala’s shack in Ivory Park. “The court cannot be certain that the applicant is still welcome at her mother’s residence,” said Le Roux. She also stated that Zwakala’s claims that she was not a danger to society were irrelevant.
The accused’s legal representative, advocate Muvhavha Twala’s argued that his client should get bail as the State had found Zwakala to be a co-operative witness. He said his client was seven months pregnant and thus needed proper medical attention. “She is not a flight risk, she’s lived in Gauteng for 27 years, she doesn’t even have a passport,” said Twala.
Chief prosecutor, Yusuf Baba argued that Zwakala was pregnant at the time of Mitha’s death. “This is not an exceptional circumstance,” said Baba. He said Zwakala was a flight risk because many people had gone under the radar in places such as Hillbrow because
of not having proper documentation.
The magistrate agreed with Baba, and added that the applicants’ pregnancy was a matter the state could deal with. “Necessary
medical attention will be given to her as she may give birth while in prison,” she said.
The court was also presented with evidence. When she was first questioned by police soon after the murder incident, Zwakala said she had arrived at work as normal at 7.49pm to find Mitha working on her laptop in the dining room. Zwakala said she started with her duties and at about 10.30pm while working in the bedroom she heard a knock at the door.
“Ms Mitha went to open the door, I heard knocking, the door opened,” read Zwakala’s legal representative, advocate Muvhavha Twala from the accused’s statement. “Then she screamed.”
Zwakala claims to have gone to her employers aid at that time. She found three men had entered the home and one of them had his hands around Mitha’s neck. “She fought back, the other two men were [trying to subdue her].”
The statement then goes on to describe how the three men tied Zwakala’s hands and feet, gagged and blindfolded her, and then put her in the bedroom. During that process Zwakala said she stopped hearing her employer’s voice. Although it was unclear how the accused managed to free herself, she shuffled to the door, opened it and found Mitha on the floor. Immobile. “She looked like she had fainted.”
Her second statement to police which was read out by chief prosecutor, Yusuf Baba tells a different story. Zwakala had already been incarcerated on suspicion of murder at that time. In it, Zwakala names a man, Khulu, whom she met at a local tavern in Ivory Park.
“Khulu gave me [Zwakala] a cheap cellphone from which he could contact me,” read Baba. In the statement Zwakala also said she became irritated of Khulu constantly asking about her workplace. She gave him the cellphone back, however on the day in question, he called her and told her he was going to visit her workplace. When she got to the door, there were two other men with him. They took two laptops and the safe which was hidden in the bedroom. As they were leaving, they asked her if she wanted to go with them. She refused as she was worried and felt bad about what had happened to her employer.
