By Sandile Nkambule | 2019-11-09
Four months after allegedly gunning down his wife, Mahwalala businessman Maswati Samkelo Simelane has successfully filed for bail at the High Court.
Simelane, who allegedly shot his wife to death in front of his son, was yesterday granted bail by the High Court of Eswatini fixed at E50 000 after filing an urgent application. Appearing before s, the businessman had all reasons to smile as he was declared a free man after being told to deposit a cash amount of E10 000 with the treasury department and E40 000 shall be in a form of a surety.
His lawyer Sanele Mabila was immediately after granting of the bail, seen moving from pillar to post as he made arrangements with the businessman’s relatives to have the E10 000 deposited with the treasury department before the close of business.
The court attached to his bail stringent conditions to the effect that he must, amongst other things, surrender his passport or travel document to the investigating officer in the matter and should not dare leave the Kingdom of Eswatini.
He was also ordered not to interfere with the crown’s witnesses in whatsoever way and further report to the Mbabane police station every last day of the month.
In his urgent bail application, Simelane, who stands accused of the murder of his wife, claimed that the weapon used in the killing belonged to his wife as she bought the gun from a South African man.
He submitted in his affidavit that his deceased’s wife had threatened to end his life following misunderstandings they had over their Mahwalala home.
In his 20-page application, Simelane, the director of SD Transport, submitted that at one instance his deceased wife organised a gang to come at their home at Mahwalala to allegedly kill him. that is when he decided to move out of the home and decided to rent a flat at Sandla township.
He averred that his wife proceeded to insult him and issue death threats and he tried to ignore her. at all times she did all to provoke him, including selling some of the family assets at Bhunya and at Mahwalala.
He went on to inform the court that the deceased went around telling people that she would eventually find a way to kill him, adding that in all those occasions, he never thought of killing her but all he did was to ignore her.
“I was advised by a certain Walter Nkosi that she would buy a gun which she would use to kill me. I asked her about the gun and she admitted knowing Nkosi and further admitted to have bought the firearm from South Africa and stated that my hours were numbered,” Simelane claimed.
Simelane further submitted in his affidavit that on that particular day of July 21, 2019, he visited his family home at Mahwalala and his sole intention was to rebuke the deceased from her alleged behaviour of talking about killing him.
He averred that when he arrived home, he was allegedly insulted by the deceased and they in turn exchanged words in a heated argument over the fact that she was going around telling people she would kill him.
He alleged that seeing their argument persisted, he ordered their children who were in the sitting room to excuse them so they could talk as adults with the deceased and indeed they left and they proceeded to talk. “I then enquired from the deceased about the missing assets but instead of being answered, the deceased stretched her hand under the lounge suit she had been sitting on and drew a gun.
I was so scared and tried to reason with her to put the gun down but she did not and instead charged on me. the last thing I remember is that I closed my eyes in fear and next we were rolling down fighting for possession of the gun,” he alleged. He alleged that still fighting for possession of the gun they moved to another room with the gun in her hands, adding that he does not recall how he managed to disarm the deceased as he was in fear. “I eventually heard a loud bang and the deceased screaming and that is when I noticed that she had been shot. after realising that she had been shot, I called the children to assist her and further told them to call the police and I left,” he submitted.
He stated that he then organised one of his friends in order to surrender himself to the police while at Sandla and the police advised his friend to drive him to the police station where he was eventually arrested and charged with the murder.
Warders shield Simelane from media
Immediately after being granted bail by the court, Simelane was escorted out of Court B by one of His Majesty’s Correctional Services (HMCS) officers.
He was seen seated outside Court B with the officer and immediately when members of the media attempted to have his pictures and video taken, the correctional officer shielded him and escorted him away from where they were seated.
They proceeded to the upper floor of the High Court where they later disappeared without trace before he was eventually whisked away to the Sidvwashini Correctional facility where he awaited his liberation warrant as his relatives were processing payment of his E10 000 cash bail deposit at the treasury department.
This is not the first time members of HMCS shield suspects and convicts at the high and junior courts despite that suspects and convicts appear in open courts where the media is free to cover every court appearance.
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