The bail application for SANDF member Mxolisi Lwandu Zungu, who is accused of shooting his wife, took a turn on Tuesday when the state asked for the charge to be amended to premeditated murder.
Zungu, who is alleged to have shot his wife six times at their New Germany home on January 3, while their children and her mother were present, appeared in the Pinetown magistrate’s court on Tuesday.
Shortly after magistrate Wendolyn Robinson read the charge, Zungu's lawyer objected, saying he had not been told of the change of the charge to premeditated murder.
Adv Muzi Mzelemu said: “How is it alleged that it was premeditated? On what evidence is the state relying on to say that? Legislature prescribes that the director of public prosecutions issues a certificate on whether it’s a schedule 4 or 6 offence.”
He said this would have serious implication for a bail application.
“It begs a question as to when and at what stage the state decided on the move. There must be evidence justifying [the change],” said Mzelemu.
He said in terms of the Criminal Procedure Act, the state had not set out how they came to the conclusion that the crime was planned beforehand.
State prosecutor Ehud-Jadon Francke told the court the schedule of the charge didn’t detract from the fact that Zungu faced a murder charge. He said state had not furnished a certificate confirming the charge because of a “logistical challenge”.
Robinson adjourned the matter to Wednesday to allow the state to provide the certificate for her to rule on how the bail hearing would proceed.
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