NEWS & ANALYSIS

DNA results will exonerate Eskom employee's murder accused – Adv Zola Majavu

Defence to approach court for new bail application if results prove David Ngwenya's innocence

DNA results will exonerate Thembisile Yende's murder accused – defence lawyer

18 September 2017

Johannesburg - The defence attorney for David Ngwenya, who stands accused of killing Eskom employee Thembisile Yende, strongly believes that the outstanding DNA results will exonerate his client of the charges.

"Most critically we are awaiting the outcome of the DNA evidence, I don't want to jinx it but depending on what the outcome is, I have reason to believe that based on my instructions the piece of DNA evidence will exonerate him," Advocate Zola Majavu said.

Majavu said he would approach the court for a new bail application if the DNA results proved Ngwenya's innocence.

He was speaking outside the Springs Magistrate's Court on Monday morning after the matter was postponed to November 15 for further investigation.

"The law allows us to come back to court and convince the court that he should be released on bail or that the matter should be struck off the roll."

Ngwenya made a brief appearance in court.

Copper theft syndicate allegations

Ngwenya, a 43-year-old technician at Eskom, is accused of injecting his lover Yende with a substance before striking her on the head with a crowbar and subsequently suffocating and strangling her after a struggle.

He allegedly killed Yende after he suspected that she would "spill the beans" on his alleged involvement in a copper cable theft syndicate.

Yende, a 29-year-old mother of one, went missing on May 17. Her body was found in an office at the isolated Eskom Pietersboth substation in Springs, Ekurhuleni, after Eskom workers detected a putrid smell more a week after she was reported missing.

Ngwenya was arrested on June 15 and denied bail.

Her brother, Mboneni Yende said the family wanted justice to be served and said they would fight till the bitter end.

"Even if it takes us three years to conclude this case until the killers are found we are not going to rest," Mboneni said outside court on Monday.

Family not intimidated by 'best lawyer'

Mboneni said the fact that Ngwenya was behind bars made it was easier for the family, as there was the possibility that he would have interfered with the case as someone who was implicated.

Majavu, who also represented former SABC COO Hlaudi Motsoeneng in June, is ranked as one of the country's best attorneys.

However, Mboneni said the family was not intimidated by this.

"He can have the best lawyer in the country, but a crime was committed. How does David afford Majavu? This clearly shows that there are more people assisting him."

He said the family was still mourning his sister's death and would make a documentary about her life.

News24