Update

GEORGE NEWS - Details of the final hours of Ziyanda Malgas (32), whose body was found on a roadside in Thembalethu last month, emerged in the George Magistrate’s Court on Wednesday 14 October during the opposed bail application of her alleged killer.

Her partner, Valdimiro Alfredo Tsambe (29), faces a charge of murder following the discovery of her body in the Zone 8 informal settlement on 24 September. She had allegedly been strangled.

The State opposed bail, citing concerns that Tsambe could flee the country or interfere with witnesses.

The murder charge falls under Schedule 5 of the Criminal Procedure Act. In terms of Section 60(11)(b), the accused must satisfy the court that the interests of justice permit his release on bail.

Tsambe, a Mozambican national who is self-employed in the paving industry, told the court that he supports his two children, aged six and four. 

In his application, he stated that he had no pending criminal cases, protection orders or existing bail or parole conditions. He also confirmed that he had a valid passport and travel documents.

Tsambe chose not to address the merits of the murder charge, but said he wanted to be released to assist with the funeral arrangements and continue supporting his family.

Conflicting accounts of Malgas’ final hours

The State submitted a statement from the investigating officer detailing the circumstances of the discovery of Malgas’ body and the subsequent investigation.

According to the statement, the police were called to Zone 8 at about 05:35 on 24 September after a young woman was found lying next to the road.

Malgas was dressed in pink tracksuit pants and a white T-shirt. Her cellphone was still tucked into the front of her pants.

There were no visible injuries, and an inquest docket was initially opened.

The investigating officer interviewed one of Malgas’ friends, who claims that Tsambe had visited her at home between 01:00 and 02:00 that morning, and that Malgas had left the flat she shared with Tsambe at about 19:00 the previous evening and had not returned.

However, Malgas had made a WhatsApp video call to her best friend at about 21:37. According to this friend, she could see Malgas sitting on her bed in her flat during the video call. The friend told the police that she knew the flat well and could recognise the surroundings.

The friend also told the police that Malgas had discovered Facebook messages between Tsambe and another woman.

Witnesses describe argument

According to the investigating officer’s statement, witnesses saw Malgas and Tsambe sitting in a vehicle outside their flat at about 20:00 on 23 September. One of the witnesses reportedly heard them arguing.

A neighbour told the police that he had returned home at about 22:05 and heard the couple arguing inside their flat.

Another witness reported hearing a vehicle struggling to move between 01:00 and 02:00 on 24 September. Looking through her window, she saw a white Jeep stuck in the mud near where Malgas’ body was later discovered. The vehicle was described in court as the same one Tsambe had been driving. The eyewitness could not confirm who was driving it.

The statement also mentioned the fact that Tsambe had already given contradictory statements.

State opposes bail

The State argued that Tsambe posed a flight risk because of his ties to Mozambique, where his wife and children reportedly live. It gave its concern that he could interfere with witnesses or undermine the administration of justice if released.

Petition opposing bail handed in

Outside the courtroom, Malgas’ family, friends and supporters gathered, calling for Tsambe to remain behind bars.

Protesters carried placards demanding justice for the mother of two, while a petition opposing his release on bail was also handed in.

The court did not accept the petition, although the magistrate acknowledged it and indicated that he had taken note of it.

The bail application judgment has been postponed until Tuesday 3 November. Tsambe remains in custody.

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