A 34-year-old Democratic Republic of Congo (DRC) national accused of fatally stabbing a Bluff woman remained behind bars after the Durban Magistrate’s Court questioned claims that he was mentally unfit to stand trial.
Felgence Nimubona appeared before the Durban Magistrate’s Court on Monday and Tuesday, 20 and 21 July, following the alleged murder of 47-year-old Nomthandazo Mbhele in the early hours of Thursday, 16 July.
According to the State, Mbhele sustained multiple stab wounds during the attack and later died from her injuries. Nimubona was arrested shortly afterwards and initially charged with attempted murder. Following Mbhele’s death, the charge was upgraded to murder.
When the matter first came before court on Monday, proceedings were delayed after the State informed the court that the accused had been admitted to hospital while in police custody after allegedly harming himself. Prosecutors said there were concerns about his mental state and that an assessment might be required to determine whether he was fit to stand trial.
However, the magistrate questioned why Nimubona had been transferred to a mental health facility without the necessary court authorisation and ordered that he be brought before court on Tuesday.
When proceedings resumed on Tuesday, the court heard that Nimubona had allegedly inflicted injuries on his own hands while in custody in what the State believed was an attempt to create the impression that he was mentally unstable.
With the assistance of an interpreter fluent in his home language, Nimubona answered the magistrate’s questions clearly and coherently throughout the proceedings. His responses appeared to satisfy the court that he understood the nature of the court process, weakening any suggestion that he was incapable of standing trial.
The magistrate ruled that the accused remain in custody at Westville Correctional Centre while investigations continue. The matter was postponed to 8 September for further proceedings.
The case has attracted widespread public attention because the deceased was related to well-known Durban comedian and pastor Mjosty Mbhele. Following his sister’s death, Pastor Mbhele publicly appealed to members of the March and March movement to support the family’s pursuit of justice and to ensure the accused is not granted bail.
Supporters answered the call, with scores of community members gathering outside the Durban Magistrate’s Court on both Monday and Tuesday. They were joined by Pastor Mbhele and March and March leader Jacinta Ngobese, who led peaceful protests demanding justice for Mbhele and calling for the accused to remain behind bars.
Police investigations into the motive for the fatal attack are continuing, while the accused is expected to return to court on 8 September.
