No bail for Midrand murder accused

The domestic worker Deliwe Patricia Zwakala, accused of the murder of Thohira Mitha, appeared in the Randburg Magistrates’ Court on 29 January.

A formal bail application was presented to the court by defence counsel Advocate Mavhavha Twala.

The main reasons in favour of bail were the fact that the applicant is seven months pregnant and is the sole provider for her four-year-old child. ”She is constantly feeling pain and is going without the proper medication [in custody],” said Adv Twala.

The validity of the confession was also attacked by the defence.

After a lengthy argument Adv Twala concluded that the accused was not linked to any crime related to the case.

”The only thing we know for sure is that the deceased is dead, ” he added.

The application was vigorously opposed by State prosecutor Yusuf Baba.

[The accused] ” was expecting when the late Mitha lost her life,” he said and argued that her pregnancy is no ground for bail.

As far as the validity of the confession is concerned, Captain Hendrick Minaar of Midrand SAPS’ affidavit was read out in court by State Prosecutor Baba.

”During the interview process, the applicant [Deliwe Patricia Zwakala] then admitted that she knew about the robbery and wanted to talk,” said Capt Minaar.

The confession was subsequently made before a justice of the peace at 8.30 pm on 10 December 2014.

State Prosecutor Baba also confirmed that the confession meets all the legal requirements.

Magistrate Salome le Roux denied the bail application based on the following grounds:

• The applicant constitutes a flight risk;
• Her previous residence [shack] has been destroyed therefore she has no fixed residence in South Africa.
• Further the seriousness of the crime and the penalties she faces may cause her to flee.
• She may also constitute a threat to society. The evidence given by the witness confession is very compelling.

Magistrate Le Roux added, ”Regardless of the schedule of the crime, this court would still deny bail.”

Family of the late Thohira Mitha packed the court room. Uncle of Mitha, Meshaad Ismail commented, ”We are pleased with the outcome of the

bail application. We now hope for a more speedy and active investigation to follow.”

The case has been postponed to 4 March for further investigations.

The accused will remain in custody, while the other three suspects are still at large.