Breaking: Two accused for the murder of Unizulu professor denied bail

THE two men accused of orchestrating the murder of University of Zululand (Unizulu) Dean of Arts, Prof Gregory Kamwendo (53), in Empangeni in May, have been denied bail.

Selby Zweli Nkuna (49), a former employee of Unizulu and the University of KwaZulu-Natal, and his co accused Oscar Mthiyane (50), appeared in the Empangeni District Court this morning where Magistrate B H Mtshali refused their bail applications.

The matter had been rolled over from yesterday, and upon resumption this morning, State Prosecutor Philile Shelenge made submissions as to why Nkuna and Mthiyane should not be granted bail, citing that charges against both men were of a serious nature, being a schedule six offence, and that should the accused be granted bail they could influence and intimidate witnesses.

During yesterday’s proceedings, defence attorneys Zumani Mthembu, acting on behalf of Mthiyane, and Vusi Ndlovu, acting on behalf of Nkuna, submitted affidavits to the court on behalf of their clients, in which exceptional circumstances were cited as to why both accused should be granted bail.

Mthiyane’s statement emphasised that he was of poor health and it would not be in the interest of justice should he be kept in detention.

Nkuna’s statement indicated he was the sole bread winner of his family and that he had a responsibility to take care of them.

Investigating officer, Colonel Thembinkosi Mlangeni, was then called to the stand to give evidence on behalf of the state.

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In cross examination, Ndlovu argued that the state had no direct evidence linking his client to the murder.

This after Mlangeni said that both Nkuna and Mthiyane had been linked to the murder via cellphone records and vehicle tracking data.

Mlangeni further informed the court that Nkuna paid R25 000 to an ‘inkabi’ (hit man) to take out Kamwendo and that he paid a further R10 000 to Mthiyane to arrange everything.

Nkuna was the getaway driver on the day and cellphone data as well as vehicle tracking records placed him and Mthiyane at the same place in eSikhaleni and Unizulu prior to the murder.

Prosecutor Shelenge argued that prison authorities were well equipped to attend to Mthiyane’s medical condition and that Nkuna’s wife could take over the financial responsibilities that he claims he is entrusted with.

In refusing bail, Magistrate Mtshali noted that Mlangeni had proved to the court that the state had strong evidence which linked both accused to the murder.

‘If the accused were to receive bail, it would cause the community to lose faith in the justice system. I therefore feel it is not in the interest of justice for the accused to be released on bail,’ he told the court.

The case was postponed to 5 February for a High Court date to be approved.

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