15yrs for hacking, killing aunt
MBABANE - Judge Sabelo Masuku has sentenced a man who killed his aunt over suspicions that she practised witchcraft, to 15 years.
Jabulani Easy Tfwala, who was 78 years old, murdered Julia Veva Vilakati, who was also his neighbour, by hacking her on the head with an axe at Nkoneni in the Shiselweni Region on October 29, 2020.
When the court heard this matter, the Crown led five witnesses. One of them, Nomphilo Bantie Masondo, testified that she was at home with Vilakati, who was her grandmother, and her two minor children, on the day of the incident.
Tfwala said he was completely drunk on the day. He also denied that he had planned to kill Vilakati.
Judge Masuku agreed with the Crown’s submission that Tfwala wanted Vilakati dead.
“The weapon used in the commission of the offence and the part of the body where the injuries were inflicted determines the intention of the accused.
“He attacked a helpless old lady, whose reputed age was about 78 years at the sanctuary of her home, where she felt safe and protected. He simply bludgeoned her to death without any explanation or provocation,” said the judge.
Tfwala, according to Judge Masuku, advanced no reasonable explanation for his action.
Intoxication
He raised a defence of intoxication and a belief that Vilakati was bewitching him and his family, including killing his brother by sprinkling some portion into his drink.
Judge Masuku said: “I am of the view that the intoxication defence cannot be available to the accused. First, although in his defence he testified that they were drinking the traditional brew and brandy, PW3 (Ngcamphalala) testified that he had been drinking with the accused.
“In any event, no evidence of the accused’s alcohol blood content was taken by the hospital either at the time after being shot by the police or when he was taken to hospital for the gunshot wound.
“The accused’s intoxication (if he was) was voluntary with no medical proof that it rendered him mentally incapable to form intent to kill in the form of dolus directus.
Dolus directus is present where an accused desires a consequence or circumstance in that it is his or her aim an object to achieve such consequence or circumstance.
“I also noted that the accused had a very good recollection of the events of the fateful day and conveniently skipped the parts of when the deceased was hacked or attacked. This indicates beyond reasonable doubt that his mental capacity was capable and sane.”
Tfwala was represented by Nosisa Hlophe of Mongi Nsibandze and Partners and Crown Counsel Brian Ngwenya appeared for the Crown.