Onceya and his four co-accused briefly appeared in the Grahamstown Magistrate’s court on Thursday, 3 November. Magistrate Lindelwa Figlan said investigating officer Detective Warrant Officer John Manzana needed to verify the second address provided by Onceya during his bail application.
Onceya and his four co-accused briefly appeared in the Grahamstown Magistrate’s court on Thursday, 3 November. Magistrate Lindelwa Figlan said investigating officer Detective Warrant Officer John Manzana needed to verify the second address provided by Onceya during his bail application.
“Unfortunately we can’t continue without verifying the second address you mentioned to the court. The investigating officer today has gone to verify that second address. Now you will remain in custody,” said Figlan.
On hearing those words from Figlan, Onceya was apparently upset at his bail application not being finalised. On the way down to the holding cells, he exclaimed that it was nonsense.
State prosecutor Lyle Prins said now there was new evidence that the state wanted to add to the case.
“We would like to make an application to the court to allow us to present new evidence that the investigating officer has found. The information is not in the docket and we would like the docket to be opened so that we can add that evidence,” Prins said.
“The evidence was not there during the initial bail application. We don’t want to present evidence that is half-complete to this court. We want to give the full picture,” said Prins.
Onceya’s lawyer, Basil Williams, objected to the request, saying the court should not allow it.
“It’s quite shocking that at this stage you want to produce new evidence. Why at this stage? I’m not prepared for this,” said Williams.
On Monday, 31 October, the shocking information was revealed in court that the 76-year-old grandmother of some of the five accused in the murder case could be charged. This was after it emerged that she may have had a role in the incidents leading to the death of Qwakanisa, whose body was recovered from Zion Dam last month.
It was alleged in court on Monday that Ntombizodwa Florence Onceya, who is also a state witness, may have played a part in Qwakanisa’s murder. Qwakanisa’s mutilated body was found wrapped in a carpet in the Extension 6 dam on 5 October.
Her alleged involvement was revealed after Williams, who is representing Thembani in his bail application, asked for the identities of the witnesses whom Manzana said would testify in court during trial.
Manzana said one of the witnesses was Thembani’s grandmother.
Florence (this is the name she uses) according to the statement Manzana has, contradicts Thembani’s version of events of the weekend of Qwakanisa’s death.
In the statement, Florence said Thembani arrived in Extension 9 on Saturday 1 October and left to return to Rhodes University on Monday 3 October.
However, in his testimony during his bail application, Thembani said he arrived in Extension 9 on Saturday to attend a funeral and left between 8 and 9am on Sunday 2 October for the campus.
Williams asked Manzana if the witnesses played a role in the killing of Qwakanisa. Manzana said the elderly woman had played a role; however, the nature of her role was not discussed.
“She did play a role but I can’t say if she would be prosecuted or not. The case is now with the National Prosecuting Authority and they will decide whether to prosecute her or not,” said Manzana.
Pressed again by Williams to reveal what time Qwakanisa died, Manzana said he didn’t know, explaining later that there was no time of death on the postmortem report.
Manzana eventually revealed the name of the person who made a statement regarding Thembani’s whereabouts on 1 and 3 October.
He also said he had petitions from members of the communities of Extensions 9, 6, 8 as well as Transit Camp calling for bail to be denied to Thembani.
Prins said the reason he did not want Thembani to be released on bail was because he appeared to have misled the court.
“The applicant said that he was in Extension 9 on Saturday 1 October and left on Sunday morning. His grandmother is a state witness and has made a statement that the applicant only left for the campus on Monday 3 October.
“The manner in which this murder was committed was very serious. It was not a usual murder but torture,” Prins said.
“The applicant was there and he played a role in the killing of the deceased. He had a motive to commit this offence.”
Williams said the court could not make assumptions and (pre-)judge the case according to the statements of the witnesses.
“The case of the state remains untested,” Williams said. “What if the applicant didn’t play a part in the incident, or if he left while the deceased was still alive? The state can’t say there is a strong case against accused number five.”
He said Thembani had no previous convictions and was a student at Rhodes University. He said the applicant wanted to finish his studies and obtain his degree.
“The applicant has testified in front of this court that he is the only one from his home to get to university. He wants to finish his studies, get a job and provide for his family.
“The applicant has stated that he has two addresses. He also handed himself over to the police after he heard that they were looking for him,” said Williams.
The court is likely to determine today whether Thembani will be released on bail. He and his four co-accused remain in custody.
