SUBMISSIONS BY THE CROWN IN MITIGATION OF SENTENCE

In aggravation of sentence, the Crown submitted that the accused killed three men, who were at Mhlabubovu as representatives of indlunkhulu of eLuyengweni. The Crown contended further that the accused knew the proper channels to follow in addressing the dispute between the two chiefdoms. The accused called the police and was assured that the police were on their way to address the issue. Instead of waiting for the police, the Crown argued, the accused decided to take the law into his own hands regarding land that did not even belong to him. The Crown argued that there was no direct infringement of accused’s right to property and as such, he had no reason to act in the manner he did when he committed the crimes convicted of. The Crown submitted that the deceased left behind grieving widows and orphans. In this regard, the court was shown the affidavit of the widow of Sipho Simon Dlamini. Simon’s widow averred that the deceased left behind nine children; that the youngest child was in Form II when her husband died. The youngest child subsequently dropped out of school because Mr Simon Dlamini’s widow was unable to pay his school fees.

Simon, the court was informed, used to grow vegetables which his wife would sell at the market. After Mr Simon was shot by the accused, his wife averred that she had to hire motor vehicles to take him to hospital and that was expensive for her as she is unemployed. Simon’s wife further told the court through her affidavit that she was solely responsible for the payment of her husband’s medical bills and never received assistance from anyone in this regard.

In Simon, his wife stated that she lost a breadwinner as he was rearing livestock and chickens. The chickens died after Simon died as he only knew how to rear them.

It was Simon’s wife’s contention that she was poorer for the loss of her husband. She pointed out that since her husband died, she suffered from a constant headache and stresses about the things she was not able to do as most of the chores around her homestead were done by her husband.

It was further her submission that, her youngest son was traumatised by the injury and subsequent death of his father. Simon is said to have died while his youngest son was helping his mother to bathe him. For all the hardship and misery brought about by the death of Simon Dlamini, his wife pleads that the accused be given a harsh sentence.