Durban — The State has withdrawn the murder charge against a mother of three who is alleged to have stabbed her boyfriend to death in Clermont, outside Durban.
Anele Gumede is alleged to have killed her boyfriend Andreas Mzazi on June 25 and five days later handed herself over to police on the South Coast.
The last time that the 27-year-old woman appeared in the Pinetown Magistrate’s Court, the State had said that a statement that had been outstanding from investigators had been filed and asked the matter be adjourned for the regional prosecutor’s decision on the transfer of the matter from the district court to the regional.
On Thursday, prosecutor Nomcebo Xulu said the State wanted to withdraw the charge against the woman, as there was insufficient evidence to prosecute.
She did not elaborate on the shortcomings in the State’s case.
Gumede’s Legal Aid attorney, T Ramkissoon, had no objection to the withdrawal.
Making it official, magistrate Wendalynn Robinson said to Gumede: “The charge against you is withdrawn, the State is no longer going to proceed with the matter. You take your bail slip and whoever paid for you can collect that bail.”
Gumede had been out on R500 bail granted on June 30 when she made her first appearance in court.
Her bail was attached with the condition that she relocate from Clermont to Ezingolweni.
At the time when she was applying for bail, the court had heard from the investigating officer through a sworn affidavit that Gumede had allegedly stabbed Mzazi where a witness was present.
KwaDabeka Warrant Officer Musa Ngcamu said he was not opposed to the woman being granted bail as she had provided an alternative address that was verified in Ezingolweni.
Ngcamu explained that the State witness was also a relative of Mzazi was in Clermont.
The fact that Gumede had three minor children that depended on her, had handed herself over to the Izingolweni SAPS, and did not possess any travel documents and had a fixed address swayed the court in her favour in her bid for bail.
Following her release on bail and relocating in June, investigations continued and by September the post-mortem report and statements had been filed.
Last month, after the docket had been sent to the regional prosecutor for perusal, the matter was adjourned for one more statement that was outstanding.
on Thursday, when Gumede walked into the courtroom her toddler that was being held by a woman seated next to her started to cry when she disappeared into the courtroom.
The faint cries of the toddler could be heard as proceedings continued until Gumede walked out of the courtroom a free woman.
Daily News