Pietermaritzburg - A KwaZulu-Natal man charged with murdering the mother of his child after she had obtained a protection order against him has denied killing her.
Thembinkosi Sibiya, 27, is charged with shooting Gugu Anette Ndlela in the head on 3 November 2011, when he also allegedly tried to shoot Ntuthuko Nxasana, the man he believed she was in a relationship with.
He pleaded not guilty before acting judge Sibusiso Mngomezulu in the KwaZulu-Natal High Court on Tuesday to charges including murder, attempted murder and assault with intent to do grievous bodily harm.
Sibiya claimed he and Ndlela were on good terms up to the time of her death. He said he believed her sister, Thandiwe, had obtained a protection order against him by falsely pretending to be Ndlela, and denied violating the order by assaulting or trying to stab her.
He said she had asked him to speak to Nxasana - who had been “harassing her” - on the day of her death and she went to Nxasana’s Victoria Road home with him of her own accord.
“I knocked on the door and when Nxasana opened it, he was abusive towards us. He insulted the deceased [Ndlela] and I asked him to stop. We argued and he then attacked me with an iron rod,” said Sibiya.
He said Nxasana reached for his firearm and as they grappled over the weapon, several shots went off.
Sibiya said the gun fell and Nxasana picked it up. He then fled.
He was later told that Ndlela had been shot and killed.
The State alleges that Ndlela had ended her relationship with Sibiya because she found out that he was having an affair with another woman. Sibiya became angry and refused to accept that the relationship was over.
On 11 September 2011, he allegedly confronted Ndlela and attacked her with a knife, but failed to stab her because her sister and a neighbour came to her rescue.
He allegedly left, threatening to kill Ndlela and their child.
On 7 October, Ndlela obtained an interim protection order, prohibiting Sibiya from assaulting or insulting her.
A few days later Sibiya allegedly confronted her, breaching the order again, and insisted that she take him back as her lover.
When she refused, he allegedly slapped and punched her.
Although a warrant for his arrest was authorised for breaching the protection order, Sibiya allegedly returned to Ndlela’s home again and threatened her, their daughter and her sister at gunpoint.
After taking Ndlela and her sister’s cellphones, he allegedly forced her to accompany him to Nxasana’s home at gunpoint.
The State says he fired three shots at Nxasana when he opened the door, but missed.
Sibiya then allegedly shot Ndlela in the head.