Sandleni resident convicted for girlfriend’s murder
MBABANE - A resident of Sandleni in the Shiselweni Region has been convicted for the murder of his girlfriend whom he killed on suspicion that she engaged in sexual intercourse with his neighbour.
Evidence presented in court showed that Bhekumusa Khumalo assaulted his lover, Samangele Makhubu, to death with a stick and knobkerrie.
He has also been convicted for assaulting Thulami Gama, whom he accused of having had sexual intercourse with Makhubu.
In his sworn statement, Khumalo claimed that the deceased admitted to having had sexual intercourse with Gama before they engaged in a fight. He claimed that he gathered from Makhubu that Gama offered her a cigarette before they engaged in sexual intercourse.
He told the court, however, that he was not aware that Makhubu, whom he had dated for a month, smoked cigarettes. He stated that the only thing he knew was that his girlfriend used to get free tobacco leaves from Gama, who grew it.
He said that on the day he quarrelled with Makhubu, they fought and went to bed together. He claimed that he had intended and promised to take her to hospital the following morning only to discover her dead when he woke up.
Voice
However, Gama who was assaulted after being accused of having sexual intercourse with the deceased told the court that on the day of the incident, he was woken up by his dogs which were barking outside. He stated that he later recognised a female voice which shouted: “It’s me, I am being beaten.” “The deceased asked me to open for her as her mother-in-law had locked herself in the house and refused to open for her, but I refused,” he said. Gama told the court that after the commotion had died down, Khumalo proceeded to his house and accused him of having had sexual intercourse with his girlfriend. He stated that Khumalo then attacked him with a slasher with which he hit him on the ear, left arm, above the elbow and at the back. It was his evidence that he drew his spear, resulting in Khumalo fleeing the scene. He mentioned that he sought help from the security guard who was guarding the shop. He told the court that he could not go back to the house because his door lock was broken.
He stated that the security guards gave him a blanket to cover himself before the police were called. He stated that he was rushed to Hlatikhulu Government Hospital, where he was treated and discharged.
He told the court that the deceased was not his type after it was put to him in cross-examination that he spent a considerable amount of time with her earlier in the day.
Gama told the court that he recognised Simangele’s voice because she used to cry every day when assaulted by Khumalo.
Constable Sicalo Nxumalo testified that they found Gama naked only covered with a blanket when they attended to a report of an assault while patrolling the area.
Death
In an analysis of the evidence Judge Zonke Khumalo said he found it difficult not to conclude that the accused foresaw the possibility of death occurring when he assaulted the deceased repeatedly with the knobkerrie. The judge stated that it was common cause that assaulting the deceased’s upper body repeatedly could have resulted in her death.
The judge felt that Khumalo did not act in the heat of passion because when he returned home, the deceased was already with his mother, not Gama.