Dad who shot son released on warning
THE MAN who accidentally shot and killed his son at Fred Norman High School in Ennerdale, Joburg, was released on a warning by the Lenasia Magistrate’s Court .
“The facts of the case are common cause between the State and the defence… the applicant has convinced me that he is eligible for bail,” said Magistrate Maggie van der Merwe.
“I can only describe this incident as a tragedy, and, judging by the applicant’s display of emotions, it’s an incident that will impact on them for the rest of their lives. The applicant has handed himself over to the police and co-operated with the police.”
She said the Director of Public Prosecutions (DPP) would decide whether the matter should proceed or not.
On Wednesday, Sibusiso Tshabalala, 51, was sleeping in his vehicle while waiting for his son, Luyanda, at evening classes after school when he heard knocking on his window and drew his firearm and fired several shots, apparently in the mistaken belief that it was car hijackers. Instead, he shot and killed his 14-year-old son.
Tshabalala was joined by his wife in the dock, and broke down in tears before proceedings began. He is facing a charge of murder.
“The State has indicated that this was not a premeditated murder, hence it is a schedule five offence,” Van der Merwe said.
Earlier, she explained Tshabalala’s rights and asked if he understood.
“This is the first and painful mistake,” he responded.
Defence lawyer Chwewe Machaka read Tshabalala’s affidavit, which stated that he was a security guard who had been employed by the SAPS in Krugersdorp for the past five years, earning R10000 per month, and that he had three dependants who were still in school. He said his wife was unemployed and also depended on him.
Tshabalala handed himself over to the police following the incident.
He explained to the court that he had fallen asleep in his car and was woken up by a loud noise and tampering with the car.
He thought he was being hijacked and drew his firearm and shot, only to hear his son screaming “Daddy, it’s me”.
He said it was dark outside and he wasn’t able to see that it was his son.
“I wish to be released on bail so I can bury my son with dignity. This incident will haunt me for the rest of my life,” Tshabalala said on his affidavit.
State prosecutor Tumi Maunye said that according to investigating officer Bruce Chauke, Tshabalala had no previous convictions and there was no reason to believe that he would not attend proceedings.
The matter was postponed to July 24. – African News Agency (ANA)
TSHABALALA BROKE DOWN IN TEARS BEFORE PROCEEDINGS BEGAN