MURDER accused Abednigo Mbuyane told the Nelspruit Magistrates Court in Mpumalanga that he shot his wife's makhwapeni because he feared for his life.
The 38-year-old appeared in court on Tuesday, 25 April, where he applied for bail.
He was arrested on Saturday, 15 April.
It is alleged that he shot off-duty Mpumalanga Department of Public Works, Roads and Transport traffic inspector Thamsanqa Nkosi (34) after he found him with his wife at KwaNyoni Lodge outside Mbombela.
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Mbuyane told the court through an affidavit read by his lawyer, Advocate Zamokuhle Lukhele, that he was on standby on the day of the incident and needed to see his wife, who had earlier indicated that she was at the lodge. He then went to the lodge to see her.
"When I got there, I called her and she said she was coming out. I kicked the door open and upon entry I was confronted by the deceased and we fought. When we scuffled, I saw him put his hand under his shirt and I assumed he was taking out his gun. I immediately took my gun and responded first by shooting the deceased," he said.
However, he said he did not have any intentions to hurt the deceased and had not planned to shoot him.
"I acted out of fear and had a strong suspicion that the deceased was attacking me. I recognised him as a law enforcement officer from another department. I also knew that he was allowed by his employer to carry a gun. When I saw him put his hand in his shirt, I assumed he was taking out his gun," he said.
Mbuyane said he wants to be released on bail so that he can save his marriage. He said he married his wife more than a year ago.
"I need to get marriage counselling urgently as I am struggling to come to terms with the fact that the woman I so dearly love could have an affair with another man. I also need to get psychological counselling to deal with the trauma of the shooting incident," he said.
But investigating officer Colonel Albert De Lange didn't agree with the statement that Mbuyane was acting out of fear.
"I can confirm that the deceased was not armed at that stage. Firstly, no firearm was found at the scene of the crime and it was later confirmed that the deceased's official firearm was in a safe at his home.
"The deceased was running away from the accused, so there was no threat to his life. The deceased was also not found in the room where the scuffle broke out, but was found a distance away from the room close to a tree lying on his stomach. That means he was fleeing from the accused," said De Lange.
He said that Mbuyane should not be released on bail as there is a likelihood that he might endanger the public's safety and his wife.
The matter was postponed to 2 May for further bail evidence.
