Soldier arrested for stabbing wife with spear

MBABANE – A soldier has been arrested for allegedly stabbing his wife with a spear.

Sicelo Hlophe (38) of Mgazini under Chief Sicunusa is alleged to have committed the offence on Monday. He allegedly stabbed his wife, Fakazile Simelane.

His charge sheet states that he intended to kill her. Hlophe has been charged with attempted murder.

On Tuesday, he filed an application for bail at the High Court.

He submitted that he was arrested by Mankayane police during Workers’ Day. The accused appeared at Manzini Magistrates Court and he was remanded in custody.

Hlophe informed the court that he would plead not guilty to the charge laid against him because he was acting in self-defence. He said he was confident of his prospects of success at the trial stage.

Warranting

The accused also submitted that there were sufficient grounds warranting the High Court to release him on bail upon such terms and conditions as it deemed fit.

He stated that if he was granted bail, there was no likelihood that he may or even attempt to evade trial, neither would he violate his bail conditions, which the court would attach when admitting him to bail.

He argued that even though he was not yet in possession of the summary of evidence, to which a list of witnesses is attached, he would not interfere and or influence State witnesses and, therefore, there was no likelihood that he would interact with them in any way whatsoever.

“I will not conceal and or destroy evidence or even attempt doing same. I submit that I will not endanger public safety or any person or commit any offence if released on bail and there are no factors indicating that I would.

There is nothing to suggest that I may undermine or jeopardise the objectives and proper functioning of the criminal justice system,” said Hlophe.

He submitted that he was employed as a member of the Umbutfo Eswatini Defence Force (UEDF). He said his continued incarceration might hinder his means of survival and taking care of his children. The accused told the court that the matter was urgent. He also argued that exceptional circumstances existed to justify his release on bail.

Bail

Judge Nkosinathi Maseko heard Hlophe’s application for bail yesterday. The soldier was represented by Nduduzo Mabuza of Mabuza and Johnson Attorneys. Judge Maseko granted the application and fixed the bail amount at E15 000. Hlophe was ordered to pay E5 000 in cash and provide surety for the balance.

In another matter, a man who was on medication for a mental illness and stabbed his mother with a spear, was sentenced to four years imprisonment.

Simanga Motsa (31) was convicted of attempted murder by High Court Judge Thamie Dlamini. The judge sentenced Motsa on Tuesday. Judge Dlamini said Motsa attacked his mother without provocation. The spear that Motsa used to attack his mother, according to the judge, was classified as a dangerous weapon.

“The use of such weapon shows that the members of society need protection from individuals such as the accused. The accused is lucky that the injuries inflicted upon his mother were not fatal,” said Judge Dlamini.

According to Judge Dlamini, the offence fell on the serious end of the scale. However, said the judge, this was ameliorated by the fact that the injuries suffered by Motsa’s mother were lacerations.

In mitigation, Motsa told the court that he was unmarried and had two minor children. He said he stayed with his mother and siblings and they all depended on him for their sustenance.

He submitted that he was a first-time offender and it was his first time to have a brush with the law. Motsa said he was taking medication for a mental illness. He apologised to the court and his mother for the offence and undertook not to commit it again in future.

The Crown told the court that Motsa used a dangerous weapon to assault his mother. Crown Counsel Sibusiso Phakathi urged the court to pass a sentence that would deter would-be offenders. He said the sentencing range was three to 10 years, depending on the severity in committing offence.

Judge Dlamini said he considered Motsa’s circumstances, the nature of the crime and the interests of society. He said in his view, the interests of society trumped Motsa’s personal circumstances.

“The accused attacked a defenceless old woman, being his mother, without provocation,” said the judge.

The court sentenced Motsa to four years without an option of a fine. The sentence was backdated to February 7, 2021. Motsa appeared in person in the matter.