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Mashudu Netsianda, Senior Court Reporter
A PLUMTREE woman allegedly linked to the death of her six-year-old step brother who was kidnapped in Madlambuzi and later found hanging from a tree, has approached the High Court seeking bail pending trial.
Quiet Ndlovu (35) of Chief Madlambuzi allegedly wore make-up and a pair of dark glasses in order to conceal her identity before she allegedly kidnapped her step brother who was coming from school with friends after luring him with sweets.
It is suspected that the boy, identified as Tumeliso Ndlovu, was killed before he was hanged from a tree branch.
Ndlovu has filed an application for bail pending appeal at the Bulawayo High Court citing the State as the respondent.
She argued that there were no compelling reasons to justify her continued detention.
The State, which is being represented by Mrs Sifiso Ndlovu-Sibanda, did not oppose bail.
According to court papers, the State indicated that it would apply for the withdrawal of the matter before plea because there are no credible witnesses.
“In terms of section 50 (1)(d) of the constitution, any person who is arrested must be released unconditionally or on reasonable conditions pending trial unless there are compelling reasons justifying their continued detention.
“In casu, there won’t be need for a trial date as the State has failed to commence trial.
“In actual fact, the State wants to apply for withdrawal before plea and therefore there are no cogent reasons to deny applicant bail and it is my humble opinion that the applicant be granted free bail with no reporting conditions,” said Mrs Ndlovu-Sibanda.
According to court papers, on March 17 in 2014 at around 12.30PM, the deceased, who was doing Grade One at Bambadzi Primary School, dismissed from school.
Tumeliso was walking home in the company of his peers and on approaching Ndolwane turn-off, Ndlovu allegedly spotted him from a distance and called out his name.
It is alleged that Ndlovu was wearing a pair of blue jean trousers, a green T-shirt, a white sun hat and a pair of dark glasses to so that the deceased could not recognise her.
She was also allegedly wearing make-up.
One of the deceased’s friends allegedly recognised Ndlovu.
The boy left his friends and followed Ndlovu who allegedly gave him sweets before she took him away and that was the last time he was seen alive.
A report of a missing person was made at Maitengwe Border Police Post by the deceased’s mother.
Three days later at around 4PM, Tumeliso’s body was discovered by a neighbour in the bush near Fubahulu Dam in Bambadzi area hanging from a tree.
He alerted other villagers. Adult footprints were seen around the tree on which Tumeliso was hanged, leading police to conclude that he was murdered.Investigations were conducted leading to Ndlovu’s arrest.— @mashnets
Online Reporter