Man guilty of cutting cousin’s throat with saw
MBABANE – A man who cut with a saw the throat of his cousin, who was allegedly an Ama 28-gang member, over his missing E300, has been convicted.
Colani Ntjwele Kunene of Croydon in the Manzini Region was found guilty of the murder of Vusi Kunene by Judge Bonginkhosi Magagula.
Evidence led in court showed that Colani tied a rope around his cousin’s neck and proceeded to use a saw to cut his neck. Colani placed the saw on top of the body of Vusi afterwards, packed his clothes and left the area.
To prove its case, the Crown, which was represented by Principal Crown Counsel Ncamsile Masuku, led five witnesses. One of the witnesses was Thandekile Kunene, who told the court that Colani and Vusi were related to her. She submitted that she was informed by one Khanyisile that Colani lost E300.
Thandekile said Colani told her that he had discovered that his money was stolen while he was at a Ndwandwe homestead and Vusi was also present. She said Colani pleaded with the family that anyone who could have stolen his money should return it. He was said to have pointed out that even if that person had used part of the money, the balance must be returned him.
MISSING
According to Thandekile, Colani called the family to a meeting to discuss the issue of his missing money. At that time, Vusi had gone to take a bath at the Mbuluzi River and it was suggested that the rest of the family would await his return.
This witness continued to narrate that the meeting was eventually held at the homestead. Thandekile said Colani was the first to address the meeting. He said he knew that Vusi had stolen his money.
However, Vusi denied stealing the money as alleged and Colani started arguing with him over the issue. The argument escalated to a fist fight, according to the evidence.
“As they fought, the accused overpowered the deceased, who fell to the floor. The accused then produced a rope from his pocket, which he used to tie around the deceased’s neck. He then dragged the deceased with the rope out of the house. The rope was tied tightly around the deceased’s neck.
BLOCKED
“When they were outside the house, the accused attempted to hit the deceased with a concrete block while he lay on the ground. However, Bheki (a cousin to the witness) blocked it. The accused relaxed the rope a bit from the deceased neck, to allow him to respond to questions he was posing to him.
“The deceased still denied knowledge of the money, but requested the accused to allow him to call anyone who could assist him in paying the accused. A certain gentleman, who was referred to as Ntrash, was called, but he could not assist the deceased,” narrated Thandekile.
She informed the court that Colani tightened the rope around Vusi’s neck once again, until he became weak. Colani is said to have instructed his brother to get him something from under his bed in his room. His brother came back with a short spear head.
The witness said Colani tried to stab Vusi as he lay on the ground. However, before he could do so, Bheki was able to dispossess him of the spearhead.
“The accused left the deceased lying on the ground and rushed to his house and came back with a saw and cut the deceased’s neck. She (Thandekile) heard the accused saying that he wanted to ensure that he left the deceased dead. After sawing his neck, the accused placed the saw on top of the lifeless body of the deceased. Thereafter, he packed his clothes and left,” Thandekile submitted.
CONSULTED
Nomsa Kunene, who appeared to be the matriarch of the family, told the court that Colani informed her that he had consulted traditional healers over the missing money. Nomsa submitted that before Colani cut Vusi’s throat with the saw, she asked what he wanted to do with the saw since Vusi was already dead. His response, according to Nomsa, was that ‘I don’t believe it. I want to be sure that he is dead’. It transpired that Vusi had previously stolen E2 600 belonging to Colani. It was put to Nomsa that Colani tried to use the spearhead and saw to cut the rope around Vusi’s neck, but she emphasised that Colani did not try to cut the rope but he was cutting Vusi’s throat.
This witness appears to have been the matriarch of the family. She told the court that on February 18, 2021, the accused person approached her and requested her to convene a family meeting as he wanted to address the issue of his stolen money. He also told her that he had consulted traditional healers on the issue and he wanted to address the family. The witness told the court that she convened the meeting as requested. During the meeting, the accused confronted the deceased regarding his lost money. He told the meeting that he had found out who stole the money. However, the deceased denied knowledge of the money. The accused continued to tell the gathering that he had observed shoe prints on the floor of his room resembling those of the the deceased was wearing on the day.
Judge Magagula said Colani was hellbent and resolute in his belief that Vusi had stolen his money. This, according to the court, was despite that there was no tangible evidence that could have
grounded his belief. Colani, according to the judge, was the first person to arrive at Vusi’s house and he found him still asleep.
“This presented him with ample opportunity to search the deceased’s house and his clothing, as he was the first one to arrive there. He did not do so. It is also my finding that the accused had no reason to point an accusing finger at the deceased as there were many other possible suspects and places where he could have lost his money.
“He spent a considerable time at the Ndwandwe homestead, where there were many people who were drinking. He could have been pick-pocketed there as he was also drinking marula. He travelled from Manzini the previous day, where he could have also lost the money,” said the judge. REQUIREMENTS
The judge concluded that Colani’s conduct fitted the requirements for murder, which are mens rea (the intention or knowledge of wrongdoing) and actus reus (action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused).
“Even before the meeting, the accused, unprovoked, decided to take a rope into the meeting. He was hiding it in his pocket. This is indicative of the premeditation to kill the deceased using the rope. He executed his plan by tying the deceased’s neck, suffocating him in the process.
“As if that was not enough, he went to his house on his own and took a saw which he used to cut the deceased’s throat. In my view, this conduct was premeditated. I also find that there are no extenuating circumstances at all.
“When one considers the date of the alleged theft and the date of murder, the accused was provided with ample time to cool off, even if he had been angry. Therefore, there are clearly no extenuating circumstances that could have justified such a brutal murder of the deceased, who was the accused’s own cousin.”
Colani was represented by Nduduzo Mabuza of Nduduzo Mabuza Attorneys.