2 jailed 5yrs for taking part in killing FROM THE HIGH COURT, MAGISTRATES COURTS to court over hearing
she argued. She went on to narrate to the court that, the NATCOM further obtained a warrant of arrest against her on October 18, 2022. “The warrant of arrest was executed on Thursday October 20, 2022 wherein I was accosted by Senior Superintendent Clement Sihlongonyane whilst I was in Parliament. Fortunately, my attorney reasoned with Sihlongonyane that the warrant of apprehension was defective in that it did not mention any specific section which I had allegedly contravened, save that it alleged that I contravened the Police Act and the Public Order,” submitted Khumalo.
“As previously mentioned, I have been served with a memo in terms of which I am called upon to show cause to the Board why I should not be suspended from duty and also from the police association’s activities. During the hearing, my attorney raised two preliminary objections as follows,” said Khumalo.
She contended that the Board presided over by Senior Superintendent Dlamini was improperly constituted in so far as it comprises of officers who were within the bracket of membership to the Police Staff Association.
“I am the Secretary General of the Police Staff
Association and the instruction I allegedly disobeyed was an instruction that I should not call a meeting of the staff association. I was acting on the instruction of the NEC of the Association for the convention of the membership of the association,” she argued.
Dismantle
Khumalo said it was her submission before the Board that the employer could not and should not be allowed to set up members of the Police Staff Association against each other, because to do so would be tantamount to antagonising the members against each other, whose net effect would be to scatter the members and dismantle the association.
She submitted that Senior Superintendent Dlamini dismissed her preliminary objection and held that they were not dealing with a secretary general of any association but were dealing with a case where she was charged in her personal capacity as 4478 Sergeant Dumisile Khumalo.
The matter is still pending in court and the respondents are yet to file their papers. Khumalo and the staff association are represented by Human Rights Lawyer Thabiso Mavuso.
MBABANE – Two men who took part in a fight over a woman have been sentenced to five years imprisonment without an option of a fine.
Bonginkhosi Sifiso Zulu and Celucolo Dlamini were sentenced by Judge Justice Mavuso. They had been arrested for the murder of Siyabonga Mdluli. The charge was reduced to culpable homicide.
Dlamini was also sentenced to 18 months imprisonment without an option of a fine. The sentences were backdated to the day of their arrest, April 3, 2019. The two have been in custody ever since they were arrested. The woman in the centre of the fracas, Gabsile Khumalo, was in a love relationship with Siyabonga’s elder brother, Derrick, as well as Dlamini.
Sentencing
In the judgment on sentencing, Judge Mavuso said Dlamini reported the love triangle to one Sifiso Oupa Manyisa, whose trial is to be conducted separately, and to Bonginkhosi.
When they met Derrick and his younger brother on the fateful evening, Siyabonga, there was a confrontation. The judge said the confrontation was caused by the fact that Dlamini and Derrick were in a love relationship with Khumalo. The issue resulted in Derrick being assaulted and he ran away, leaving Siyabonga being assaulted.
Bonginkhosi and Dlamini chased after Derrick and Manyisa remained behind and continued to assault Siyabonga with a slasher on the back of the head. When Bonginkhosi and Dlamini returned, they found Manyisa with Siyabonga. “At some point, the deceased is said to have tried to run away but got trapped by a wire and fell. While lying down, it is said that Oupa Manyisa continued to assault him with a slasher on the chest,” said the judge. According to the court, Bonginkhosi admonished Manyisa to stop assaulting Siyabonga. They went home to sleep and left Siyabonga lying on the ground.
Culprit
Judge Mavuso said the main culprit behind the death of Siyabonga was none other than Manyisa.
“The killing of the deceased was senseless and unwarranted. If a fight was to be picked with anyone, it should have been with his brother, Derrick. He is the one who was involved in the love triangle involving Gabsile Khumalo,” said Judge Mavuso.
In mitigation, Bonginkhosi told the court that he was 21 years old when the offence was committed in April 2019.
He said he went up to Grade VI at school and earned a living by doing piece jobs in construction. The judge said Bonginkhosi was remorseful. He said he only assaulted Siyabonga with a stick three times on the back. He was credited for having admonished Manyisa to stop assaulting Siyabonga. Dlamini, on the other hand, was 31 years old when the offence was committed and he told the court that he never in his life attended school. At the time of his arrest, the father of six alternated between being a herd boy and sugar cane harvester. The two convicts were represented by Manica Attorneys. Crown Counsel Nompumelelo Ngubeni appeared for the Crown.