Woman accused of hiring hit men to kill brother acquitted
MBABANE - The woman of Lwandle who was accused of hiring hit men to kill her brother-in-law has been acquitted and discharged.
The High Court also revoked the bail of one of the accused hit men, who had all along been remanded out of custody.
The judgment was issued by Judge Zonke Magagula yesterday. Khanyisile Mlambo had applied to be acquitted and discharged in terms of Section 174 (4) of the Criminal Procedure and Evidence Act, 1938.
Her application was successful. Her co-accused, Mabandla Gadlela and Sibusiso Madlopha, had not applied to be acquitted.
Free
Khanyisile, who was represented by Sanele Mabila of S. Mabila Attorneys in association with T.L. Dlamini and Associates, is now a free woman.
They were all charged with the murder of Mbusomuni Mlambo, who died on June 6, 2017 at Lwandle in the Manzini Region.
When Judge Magagula delivered the judgment on Khanyisile’s application, he said the case depended on the evidence of Hlengiwe Mlambo, who testified as an accomplice witness. Hlengiwe is the biological daughter of Khanyisile.
According to Hlengiwe’s evidence, she and Khanyisile were not happy with Mbusomuni because he had stopped the burial of Khanyisile’s daughter, Vuyisile Mlambo.
This aspect of the evidence was not challenged during cross-examination by Khanyisile.
Hlengiwe told the court that there was a family meeting in April and May 2019 which was attended by herself, Khanyisile and Madlopha.
According to Hlengiwe, Khanyisile had voiced out her unhappiness about Mbusomuni and further stated that she wished he would die.
She said Madlopha’s reaction was that he would solicit Gadlela to kill Mbusomuni.
She told the court that Khanyisile promised to pay E15 000 to the person(s) who would kill Mbusomuni.
presenCe
She submitted that Madlopha called Gadlela on her cellphone in her presence.
The witness also told the court that the E15 000 that she said was promised by Khanyisile would be sourced from the proceeds of the sale of a piece of land that her mother was selling.
She testified that on the day that Mbusomuni was killed, Khanyisile told her that she paid the money to Gadlela and Madlopha.
However, Judge Magagula said Hlengiwe’s evidence appeared to be inconsistent, therefore unreliable.
During cross-examination by Madlopha’s representative, Ben J. Simelane, Hlengiwe admitted that she left out some evidence in her testimony.
Judge Magagula said Hlengiwe sought to put some clear daylight between the murder of the deceased and herself or to minimise her role.
“In her evidence-in-chief, she stated that the idea to kill the deceased originated from the first accused (Khanyisile).
“During cross-examination, she said the first accused only complained of the ill-treatment from the deceased, whereat someone else then floated the idea that the deceased should be killed and the name of accused two was suggested.
“She said accused one did not instruct her to call the deceased to Lwandle or to give E200 to accused two,” said the judge.
According to the court, Hlengiwe testified that she
was against the idea to kill Mbusomuni but did not object to it.
She told the court that she went along with the plan because she was also aggrieved by him.
“Now, her action and role in the enterprise are not consistent with a person who simply went along with the idea.
“I am of the firm view that not only is PW5’s (Hlengiwe) evidence unreliable, it is severely wanting.”
None of the other witnesses gave testimony that implicated accused one (Khanyisile),” said the judge.
Unreliable
The evidence which the Crown relied on to link Khanyisile with the offence, according to the court, ‘has in my opinion turned out to be unreliable and is to be characterised as worthless’.
“I am satisfied that there is no evidence on which a reasonable man, acting carefully, could conclude that a prima facie case has been made against the first accused.
In the result, the application is granted and accused one is acquitted and discharged,” said Judge Magagula. Gadlela is represented by Nomakhosi Mamba of Mabila Attorneys.