Court orders weekly reports on mental state of murder accused who allegedly hired her brother, two others to kill husband

Published Jun 10, 2022

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Durban — In two weeks’ time, Nkosinathi Steve Zungu will appear again in the Durban High Court, while his co-accused, his sister, is still in a psychiatric hospital in Howick.

Nomphumelelo Patricia Goncalves is alleged to have hired Zungu and two others to kidnap her husband, Nkosi Timmy Langa, from their Pinetown home, and kill him.

On Thursday Goncalves’s defence attorney, SG Zwane, told the court that his client would be admitted for two to three weeks and would need a further one to two months to recover, according to a note from a specialist psychiatrist.

“We are all concerned about the finalising of this matter, but we do not want accused number two sitting in court if she is not well enough to do so,” he said.

Goncalves, who is out on bail, was in court last Wednesday as the trial continued, but the following day she was not in court. A doctor’s note was sent on her behalf.

It is believed that she had tried to take her life.

Senior State advocate Krishen Shah said that there was a lack of clarity in the doctor’s notes provided, citing a lack of consistency.

“The difficulty that the State has is the lack of clarity in treatment, which leads to the question of the veracity of the documents. She may be genuinely ill, however, we are in the midst of a trial. Throughout the trial, accused two was taking notes and at times consulting with her defence. It was not until June 1, after the doctor’s testimony, that the next day she was not here.”

Shah also brought to the attention of the court the fact that Goncalves had a post-graduate qualification in mental health.

“She’s a professional nurse who specialises in mental health.” He suggested that a weekly report or update be provided by Goncalves’s doctors, adding that should there be a delay, the State would be ready to have its own psychiatrist examine the accused.

Judge Bonke Dumisa, after hearing both the defence and the State, ordered that doctors treating Goncalves furnish the court with a weekly report particularising her progress, treatment regimen and her readiness to return to work.

He also said that if Goncalves’s doctors were of the opinion that she was fit to return to work, but not fit enough to attend court, a detailed motivation was to be provided.

Dumisa, in his draft, further said that should Goncalves not be fit or ready for work by June 24, she would be obliged to be assessed and examined by a State-appointed psychiatrist.

Her treating psychiatrist was also to make available all clinical notes and treatment regimens, among other items.

August 15 was set for Goncalves to appear in court.

A previous State witness and hit man in the matter, James Mashudu “Ramaphosa” Mthimkhulu, had earlier testified of how Langa was killed with an electric cord cut from an iron inside his home. It was put around his neck and Zungu pulled one end while Mthimkhulu allegedly pulled the other.

It is alleged that Goncalves had hired the men to murder Langa because she had allegedly endured physical abuse at his hands.

Daily News