Estranged husband of Mthatha doctor fights back during bail hearing

The contention that the release on bail of the estranged husband of an Mthatha doctor would pose a danger to her was a figment of the investigating officer’s imagination, the man’s defence team told the Mthatha magistrate’s court yesterday.

Businessman Siphiwo Mngxali, 51, is applying for bail after handing himself over to the police on March 8.

He faces two counts of attempted murder, theft and breach of a protection order taken out against him by his estranged wife, Dr Yolisa Siphambo-Mngxali.

It is alleged that on February 26, Mngxali and an unnamed accomplice broke into a property that operates as a BnB in Fort Gale, Mthatha, and stole two television sets, a bar fridge, a microwave, a kettle and a toaster.

During the incident at the property, Mngxali was confronted by two people on the premises and allegedly opened fire.

No-one was injured.

The court heard yesterday that the property was jointly owned by the couple.

Detective Constable Wandile Tshaka was grilled by Mngxali’s defence team in a courtroom packed with Siphambo-Mngxali’s supporters.

The Mthatha doctor and the couple’s children were sitting in the public gallery.

Mngxali’s relatives were also present.

On Wednesday, Tshaka told the court that releasing Mngxali would place the witnesses and the doctor in jeopardy.

However, when probed yesterday by advocate Lusindiso Matotie, for Mngxali, about the risk he was referring to, Tshaka admitted he had not done a risk assessment.

Tshaka told the court that Siphambo-Mngxali was staying in a place of safety, but not one arranged by the police.

The state is opposing bail, saying Mngxali’s release would place state witnesses in jeopardy and interfere with the investigation.

Asked by Matotie if he knew of Mngxali being abused by the doctor, Tshaka said he did not.

Tshaka also said he had no knowledge of a warrant of arrest, produced in court, which had been issued against Siphambo-Mngxali in East London, but stayed.

He declined to comment when asked whether his reasons for opposing bail — three protection orders taken out by Siphambo-Mngxali against Mngxali, and allegations that he had abused the doctor — formed part of an application before the Eastern Cape high court.

Matotie then asked the court to note Tshaka was refusing to answer questions put to him.

Tshaka said his investigation into the allegations against Mngxali was “nearing the end”.

Outstanding evidence included video footage, which would be shown in court but was still at the local criminal records centre.

Probed further by Matotie, Tshaka said he had not yet received reports about fingerprints taken from empty cartridges found in the yard of the BnB.

Matotie put it to Tshaka that the risk he was referring to was a figment of his imagination.

“I put it to you your opposition to bail is an attempt for you to relax on what is supposed to be your responsibility to protect her [the doctor],” Matotie said.

Tshaka did not agree. The officer also ducked questions pertaining to letters opposing Mngxali’s release sent by the ANC Women’s League OR Tambo region and Women Inspired Solution Empowerment which were admitted in court on Wednesday.

The bail application was postponed to Monday.