Mbubanzi Zwakala. Picture: Soraya Crowie
JUDGMENT was reserved in the Northern Cape High Court earlier this week after the South African Defence Force (SANDF) soldier accused of shooting Kimberley Boys’ High matric pupil Amogelang Assegaai, 19, appealed his bail.
His trial in the Kimberley Magistrate’s Court was postponed to next week.
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The accused, Mbubanzi Zwakala, a warrant officer employed at the SANDF was denied bail in November 2022.
He was arrested after a 9 mm pistol was found under his bed and a 9 mm cartridge was found at the scene of the crime.
He was charged with the murder of Assegaai, who was shot in the shoulder and died on the scene after sustaining internal injuries.
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Assegaai was shot outside his home in Impala Street, Verwoerdpark, on October 23 apparently after handing over a cellphone to Zwakala. The cellphone belonged to Zwakala’s son.
Legal representative for Zwakala, Advocate Sakkie Nel, said that his client’s supervisor who was a colonel in the SANDF and was prepared to take him in for the duration of the trial, if he was granted bail.
“He will work in the accounting department and will not be issued with a firearm.”
He added that his client only had one firearm that has been taken for ballistic tests.
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“He will surrender any firearm in his possession to the investigating officer.”
State advocate, Sue-Ann Weyers-Gericke, opposed bail as she believed that there were no exceptional circumstances to justify his release.
She believed that Zwakala should not be allowed access to a firearm or ammunition until the finalisation of the trial.
She confirmed that his firearm had been seized by the SAPS.
Judge Albert Sibongile Nxumalo reserved judgment given “the complexity of the issue”.