A METRO policeman who allegedly stabbed to death his pregnant girlfriend, also in the service, and posted a video on social media that captured the incident, including her last breath, was denied bail this week.
It emerged at the Durban Magistrate’s Court that Constable Sizwe Ngema was drinking alcohol and consumed cocaine and cannabis before the purported attack on Yolanda Khuzwayo on March 31, which he cannot recall.
He was charged with murder of Khuzwayo related to the incident at the flat they shared on Joseph Nduli (formerly Russell) Street, Durban.
The State believed Ngema’s actions were premeditated as the couple clashed a week earlier over her apparent desire to terminate the pregnancy.
On the day of the attack, he got someone to keep his car’s engine running while he attacked Khuzwayo inside the flat and shot the video.
It is believed that Ngema then crashed his vehicle on the M4 Freeway, ventured into the nearby bushes and telephoned an uncle.
The uncle apparently convinced Ngema to hand himself over to police.
Bail consideration for Ngema was delayed because he was sent to Fort Napier Hospital, a psychiatrist facility in Pietermaritzburg, for an assessment.
Once declared fit to stand trial, his legal team advanced his bail bid, handled by Magistrate Scelo Zuma.
In his supporting affidavit, Ngema stated that he and Khuzwayo invited work colleagues and friends to their flat for a house warming party.
“I consumed copious amounts of liquor and used cocaine and cannabis whilst at the party, and I know that the party attendees did likewise until the early hours of the morning.
“Save for the above, my memory thereafter extends to me walking alone and looking for assistance on the M4 Freeway during the earlier hours of the next day...,” read an extract from his statement.
His uncle located him on the freeway and informed Ngema that police were looking for him.
“I believed at the time that the reason I was sought by the police was as a result of the collision and for being under the influence.”
Ngema was charged for murder at the Durban Central police station and his shirt was taken from him.
He maintained that he had no recollection of the alleged murder incident.
“I cannot bear to think of the suffering caused to Yolanda and her family, knowing how much she was loved.”
Ngema was convinced that in due course police and forensic investigations will bear out the events of the “tragic night”, according to his version.
He denied being a flight risk and pledged to stand trial should it proceed against him, and intended to plead not guilty to charges against him.
He said he made no threats of violence, bears no grudges, was not a violent person, it was his first brush with the law and had an unblemished metro police record.
Ngema offered to pay R5 000 as bail.
While he was not aware who the State’s witnesses were, he promised no interference or interaction with them.
“Although the offence with which I’m charged seems to be gruesome, the presumption of innocence is the golden thread that runs through the fabric of our criminal justice system, and trumps the alleged brutality seemingly evident within the ambit of the offence,” said.
State prosecutor Calvin Govender argued that Ngema’s actions were femicide, a crime that was occurring at an alarming rate, and a cause for concern.
In advancing their opposition to bail, Govender said the State was concerned about the safety of witnesses who were friends of the couple and also members of the metro police.
Govender zoomed in on Ngema’s admission that he consumed alcohol and narcotic substances and only remembered walking on the freeway on the day in question.
He said that if Ngema was granted bail it would put the administration of justice into disrepute as he was a police officer, who admitted to using drugs and alcohol and told the court he had no recollection of events.
Govender stated that granting bail was also a threat to Ngema’s own safety because it was possible that the car crash was his attempt to take his life.
In refusing bail, Magistrate Singh noted Ngema’s admission of consuming alcohol and drugs, which resulted in a blanking out of his memory.
Singh also considered him a flight risk.