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Husband killer may not be fit to stand trial

Gavel
Gavel

The Director of Public Prosecutions (DPP) wants the woman who allegedly killed her husband by throwing hot oil over him declared the state president's patient.

Lenasia magistrate S Mati told the court the report compiled by a psychiatrist at the Sterkfontein Psychiatric Hospital in Krugersdorp, West Rand, stated that Zandile Fumba was not in the right state of mind when she allegedly threw hot oil over her husband, Nkosiyethu.

They had been married for 20 years. Mati said the report further stated that Fumba was not fit to stand trial.

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"The report was submitted to court. It has been sent to the DPP... The directive is that under Section 79 [of the Criminal Procedure Act], you should be declared a state president's patient," Mati said.

He said Fumba's defense should have "a say in the matter".

"The Act says that when there is no dispute, we can send you to Sterkfontein ... The state has the right to dispute it ... Now, to the extent where there is a dispute by the state or defense, I must hold an inquiry but I do not have time for that today.

Mati postponed the matter to December 7.

Just as the interpreter translated to her, she disrupted him, saying, "I have a house. Here are the keys. I must go there. They are stealing," she said as she held up and shook a bundle of keys.

There were mumbles and laughter in the gallery.

"Give me free bail," she continued. "It is December. I want to go home. I can't go back there. Its been the whole year, can you see that? It is too much," she said.

Mati said the court would not want to send Fumba to Sterkfontein if she was sound and fit stand trial.

Her attorney, Vhambedzeni Muregu said they would be prepared to proceed with the matter during the next court appearance.

Fumba allegedly threw hot oil on her husband while he was sleeping in their home in Ennerdale, south of Johannesburg, on March 3.

Nkosiyethu died five days later at Chris Hani Baragwanath Academic Hospital in Soweto.

The couple's neighbours alleged that Nkosiyethu was abused by Fumba and they feared that one day she would kill him.

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