Mtsweni awaits hospital bed
THE sentencing of Abraham Mtsweni, convicted of killing Sesi Sibanyoni in her Maitland flat, has been postponed to March 13 next year.
Mtsweni was found guilty of murder after the State proved that he killed his ex-girlfriend in July 2019.
Mtsweni has yet to be sentenced since he was found guilty in May, as the defence awaits his placement in a psychiatric institution.
Yesterday the court heard Mtsweni was number 72 on the waiting list.
Earlier this year an order was made that Mtsweni be referred for mental observation to ascertain what would be a suitable sentence.
Defence lawyer Teboho Sebogodi told the court that his client had been neglected while in prison and had yet to receive the medical assistance that he needed since being taken into custody after his arrest in 2019.
“The issue of his mental health was raised while he was giving testimony before the judgment was even given, before the parties argued.
At this stage two medical practitioners already said he needs to be referred for a psychiatric assessment.
“He is still going to be long in custody before he is even referred to Valkenberg and for those reasons I think in this case it warrants that the accused before court needs to appear before the court to see if his well-being or mental health is still in order,” Sebogodi said. The defence lawyer raised submissions with reference to a high court judgment in the matter between Zandile Mafe and the Director of Public Prosecutions but when Judge Daniel Thulare asked if he thought his client may be a danger to himself or others, Sebogodi said “no, I cannot say that”.
State advocate Carine Teunissen said: “I do not believe it is necessary for this court to (hear), on every occasion that the accused appears before court, that he needs to be assessed if he is properly referred. If there is a question around that, there needs to be a review application or he must be reassessed.”
In coming to a conclusion, Judge Thulare said: “One is very careful of just making orders interfering with the discretionary powers of a commissioner and/or his designate in relation to how specific or specified prisoners should be dealt with … but I must be satisfied that within the State’s machinery there are systems that would be able to see the wheat from the chaff.”
An order was then made that Pollsmoor prison provide the court with a report on the physical and mental health care provided to Mtsweni while he is still in their custody.