Update

GEORGE NEWS - Valdimiro Alfredo Tsambe (28), accused of murdering his partner, Ziyanda Malgas (32), in Thembalethu, was denied bail in the George Magistrate’s Court earlier today, Tuesday 3 November, after the magistrate found that he posed a significant flight risk.

Tsambe, a Mozambican national, faces a charge of murder following the discovery of Malgas’ body beside a road in the Zone 8 informal settlement on 24 September. A post-mortem examination revealed that she had been assaulted and strangled.

Delivering judgment in the opposed Schedule 5 bail application, the magistrate found that the interests of justice did not permit Tsambe’s release, despite several factors weighing in his favour.

The court acknowledged that Tsambe had no previous convictions, pending criminal matters or warrants of arrest. There was also no evidence of previous violence, protection orders or domestic violence cases against him.

The magistrate emphasised that Tsambe remained presumed innocent until proven guilty and said that no evidence had been placed before the court suggesting he would interfere with witnesses or the investigation if released.

However, the court found that concerns about his ties to South Africa, residential address and immigration status weighed heavily against granting bail.

Flight risk concerns

Tsambe told the court that he lived alone in Zone 9, Thembalethu, where he had been staying for abouot two months. However, the investigating officer identified the address as that of the deceased, raising questions about his residential arrangements. No lease agreement or written confirmation of his address was submitted.

The magistrate also questioned the absence of information about Tsambe’s immigration status, his reasons for being in South Africa and how long he intended to remain in the country.

Although Tsambe claimed to have worked in the paving industry for four years, the investigating officer indicated that he had previously said he was unemployed. No information about assets or other financial ties to South Africa was presented.

The court heard that Tsambe’s two children, aged six and four, live in Mozambique with their mother. The magistrate found that his family ties to Mozambique, coupled with the lack of substantial personal or financial ties to South Africa, increased the risk that he could evade trial.

While Tsambe said he has a passport and travel documents, the magistrate pointed out that even if these were surrendered to the court, it would not necessarily prevent him from leaving South Africa illegally.

The court found that the cumulative factors established a substantial flight risk.

Community concerns considered

The magistrate also considered the seriousness of the alleged offence, particularly the degree of violence involved, and the prevalence of gender-based violence.

He acknowledged the community protests against Tsambe’s release, saying public sentiment could not be ignored, although it was not in itself a determining factor.

The court also considered concerns about Tsambe’s own safety should he be released, given the prevailing tensions surrounding foreign nationals.

Although Tsambe elected not to address the merits of the murder charge, as was his right, the magistrate found that the evidence presented established a prima facie case against him.

Taking all the circumstances into account, the magistrate ruled that the interests of justice did not permit bail.

Background

During the bail application on 14 October, the State presented evidence relating to Malgas’ final hours, including witness accounts of an alleged argument between the couple on the evening before her death.

Witness statements also raised questions about Tsambe’s account of Malgas’ whereabouts that night.

Malgas’ family, friends and supporters previously gathered outside the courthouse under the banner ‘Justice for Ziyanda’, calling for Tsambe to remain behind bars.

Tsambe remains in custody. The matter was postponed to 14 December for further proceedings.

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