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MBABANE - “However gratuitous and unnecessary the murders were, they were not premeditated. The non-premeditated murders herein were carried out with only legal intention in emotional circumstances.”

These were some of the findings that were made by Judge Maxine Langwenya when sentencing former Minister of Public Works and Transport Ntuthuko Dlamini yesterday.

“The non-premeditated murders herein were carried out with only legal intention in emotional circumstances. When a killing is impulsive, concepts which emphasise rational processes-forming or contemplating a risk-have little meaning,” said the court.

Matter

She said the accused in this matter lost his self-control for whatever reason in the emotionally charged situation he found himself in. The court highlighted that the enquiry into his mens rea at this stage of the proceedings would, therefore, amount more or less to the negation of insanity coupled with some minimal notion of foresight.

The intent to commit a crime is officially known as ‘mens rea’, which is Latin for ‘guilty mind’.

“The fact that there was no actual intent to kill but only legal intention is a factor which should normally be considered an extenuating factor as well as migratory,” said Judge Langwenya.

She said the murderer with actual intent was more morally blameworthy than the murderer with legal intent. Judge Langwenya went on to state that a constructive intent to kill was a factor, which must be put on the credit side in accused’s favour in weighing up the existence of extenuating circumstances.

“I am of the view that since the murders were not pre-meditated coupled with the fact that the accused states he feared for his life at the material time the crimes were committed constitute extenuating factors,” said Judge Langwenya.

The court said, for this reason, it disagreed with the Crown’s contention that there were no extenuating factors in this matter. “My value or moral judgment is that for the reasons outlined above, extenuating circumstances are present,” said the judge. On behalf of the accused it was submitted that he was a married man aged forty-eight years; he had two adopted minors, who depend on him for support and maintenance. The Court was further informed that the accused owns a variety of businesses in his home area LaMgabhi. He contends that he employs a number of people, who will most likely lose their jobs if he is incarcerated for a long period as his businesses will close down.

“It is on record that during the trial, the accused apologised for his actions. He directed his apology to the families of the deceased, his family, his community and the nation at large,” said Judge Langwenya.

The accused was arrested on September 7, 2020 and released after he was granted bail in March 2021.

Relatives of the former LaMgabhi MP and minister, with members of the communities of LaMgabhi and Luyengweni, who were present when the sentence was issued yesterday.

Former Minister of Public Works and Transport Ntuthuko Dlamini reading a copy of the Times of Eswatini in court yesterday.