Court frees man who hacked another
MBABANE - The scales of justice have tilted in favour of a man who was accused of having attempted to kill another by hacking him with a bush knife at Nkangala, in the Manzini Region.
Nhlanhla Matjalo Mavuso hacked Sifiso Jele with a bush knife in June 2019.
After hearing evidence of the Crown and that of Mavuso, the court came to the conclusion that he acted in self-defence, and acquitted him.
In his judgment, Judge Bongani Sydney Dlamini said the evidence that was led in court showed that Mavuso employed reasonable and acceptable force in defending himself and those around him during the attack by Jele.
“The accused is accordingly acquitted and discharged of attempted murder,” said the court.
The court noted that on the day in question, the complainant was in a drunken state.
It was further the court’s observation that even his own brother, Delisa, could not control him. “Intoxication and uncontrollable anger are a deadly combination.
“Inasmuch as the medical practitioner who examined the complainant stated that the injuries were life threatening (which I greatly doubt, looking at the pictures presented in court, but of course not ruling this possibility out), the court’s conclusion is that the accused used reasonable force in repelling the danger that was posed by the complainant,” said the court.
Worse
Judge Dlamini said it could have been worse for the complainant (Sifiso).
“It is an extremely dangerous thing to be going around attacking people in their homes late at night, breaking their windows and threatening to burn them inside their rooms,” said the court.
During the hearing of the matter, the prosecution led eight witnesses to prove its case beyond reasonable doubt.
The court then acquitted and discharged the accused.
Mavuso was appearing in person. After the Crown closed its case, Mavuso chose to remain silent.
The court considered the evidence presented by the Crown and cross-examination of Crown witnesses by the accused.
Attacked
When Jele attacked the people inside their place of abode, including Mavuso, it was around 10pm.
Mavuso’s defence was of provocation and/or self-defence.
Judge Dlamini said the Constitution allowed citizens to take or use reasonable force in defending themselves against personal attacks and attacks on their properties.
Jele, according to the court, admitted to have attacked the Simelane family at 10pm, broke windows and injured Khanyile Simelane.
Jele, said the judge, also admitted to have threatened to burn down the house together with the occupants.
“It matters not that the complainant was threatening to burn Khanyile Simelane inside the house. The fact of the matter is that if the complainant did, in fact, carry out those threats, everyone inside the house, including the accused person, would have been affected,” said Judge Dlamini.
The Crown argued that even if the court were to find that the accused was entitled to defend himself and those around him, still the force used in the circumstances was excessive.
The court noted that Jele was in a drunken state and the altercation with Simelane earlier on, according to his testimony, was lingering on his mind the entire day.
Injuries
The judge said the medical practitioner, who examined the complainant, stated that the injuries inflicted on Jele were life-threatening, ‘which I greatly doubt, looking at the pictures presented in court, but of course not ruling this possibility out’.
The court concluded that the accused used reasonable force in repelling the danger that was posed by the complainant.
The court found Mavuso not guilty of attempted murder and acquitted and discharged him.