17yrs no fine for killing another

MANZINI- A man convicted of killing another has been sentenced to 17 years imprisonment without an option of a fine.

Acting Judge David Khumalo delivered the judgment when sentencing Njabulo Mtsetfwa for murder and malicious injury to property.

He was sentenced last week for the incident that happened on December 2, 2015 at Makhwelela in the Shiselweni Region. He killed Reginald Busenga after reportedly accusing him of killing his brother and then threatening to kill the accused.

Meanwhile, the second offence involves the accused intentionally damaging house windows valued at E300, which were in the lawful possession of Thulani Hlatshwako on the same day. It is said that he hit the windows with a bush knife with the intent to injure the said Hlatshwako.

Paradded

The prosecution paraded five witnesses, the first being Sifiso Busenga, who is the deceased’s sibling and resident of Makhwelela. His evidence was that he was with the deceased in his house on the day in question. According to Sifiso, soon after the deceased left, he returned and reported that he had been hacked by the accused.

Sifiso told the court that when enquiring as to what had caused his injuries, the deceased could not respond, save to plead with him to rush him to hospital. He submitted that by the time he was being driven to hospital, he was critical and unable to talk. The court was informed that the deceased was treated at Hlatikhulu Government Hospital, where he was then transferred to Mbabane Government Hospital due to his critical state. The brother said the deceased was placed under the intensive care unit for treatment but succumbed to the injuries two days later.

The second witness, Thulani Celumusa Hlatshwako’s evidence was that on December 2, 2015, he was at the Busenga homestead with the deceased in a house when they noticed some people who were peeping through the door. He said when he came out, he found the accused hacking the deceased with a knife.

Thunderstorm

This reportedly happened at night and the source of light in the house was a candle since there was no electricity due to a thunderstorm and lightning. Hlatshwako said he reported the incident to his aunt, who then called the police.

The witness also testified that while asleep on the same night at his home, he realised that someone was breaking his windowpanes. He said he decided to come out of the house and allegedly found the accused breaking his windows. Hlatshwako told the court that he asked the accused why he was doing that, and the accused reportedly responded that he had been looking for a certain Phila Simelane. He mentioned that the accused attempted to hack him with a bush knife but he blocked the blow using a spear and allegedly got hold of him and called his brother so that he could witness the incident.

The last witness, Mphotholozi Dlamini, who was the investigator of the case produced evidence to the effect that on December 3, 2015, he arrested the accused and proceeded to his homestead where he was said to have given him a bush knife. The officer of the law said he was also given clothes that were worn by the accused on the night of the incident. It was also his evidence that he was shown a crate at the Busenga homestead.

Enquire

On the other hand, the accused person’s attorney during cross-examination submitted that his client came to the deceased’s home on the fateful night of the incident and the purpose of the visit was to enquire as to why the deceased had all along been harassing him. It was alleged that the accused had come in peace but the deceased and his friends attacked him, prompting him to use the crate in thwarting the attacks. He mentioned that in that regard, he assaulted the deceased with the crate.

In passing of the sentence, the court considered the nature and seriousness of the offence, the interests of the offender and those of society. It also considered that the accused had no previous convictions and had two minors to maintain. It was mentioned in mitigation on behalf of the accused that he acted in anger as he felt provoked by the deceased and the second witness.

It was alleged that the deceased and the second witness had killed the accused person’s bother and that they were then threatening to kill the accused.

Considered

“This court has, however, considered the seriousness of the offences and their prevalence in society. The accused person acted in revenge and took the law into his own hands in the process. He used a crate to brutalise the deceased and terminated his life,” the court alluded.

Having considered all the facts and circumstances of the case inclusive of the personal circumstances of the accused, his interests, including those of the society and having struck the necessary balance thereof, the court sentenced the accused to 17 years imprisonment without an option of a fine in count one. In count two, the accused was sentenced to one year imprisonment without an option of a fine. The sentences shall be served consecutively as they were committed as separate transactions, according to the court. It was added that a total of 49 days being the period spent by the accused in custody before liberation on bail shall be deducted from his sentence.