Swazi Observer

FULL STORY

NTUTHUKO TO SPEND 20 YEARS IN JAIL

By NKOSINGIPHILE MYENI | 2023-03-17

FORMER minister of public works and transport, Ntuthuko Michael Tsembalenkhanyeti Dlamini, was yesterday sentenced to 65 years imprisonment for the murder of three people.

Dlamini who shot and killed Themba Andreas Tsabedze, Sikhulu Shongwe and Simon Dlamini in 2020 was sentenced by Justice Maxine Langwenya to a period of 20 years each without an option of a fine.

He was further sentenced to five years imprisonment with an option to pay a fine of E5 000 for being in possession of an illegal firearm.

However, he will get to spend 20 years in prison as the sentences are to run concurrently.
This comes after Justice Langwenya convicted Dlamini for the crimes on December 12, 2022.
Dlamini killed the three men over a land dispute within the LaMgabhi Chiefdom, his constituency where he was a Member of Parliament.

He was charged with murder in that on or about September 7th, 2020, at or near Mhlabubovu area in the Manzini region, he unlawfully and with intent to kill, killed Sikhulu Shongwe by shooting him three times, on count one.

On the second count, Dlamini was charged with murder in that on the same date and same place, he unlawfully and with intent to kill, killed Themba Tsabedze by shooting him with a firearm. On the third count, the former legislator was charged with murder in that he unlawfully and with intent to kill, shot Simon Dlamini who later died in hospital as a result of the gunshot wound while on the fourth count, he was charged with contravening the Arms and Ammunition Act. During his defence, Dlamini argued that the murders were not pre-mediated.

escalated
He said there was a verbal argument with the trio, which escalated, leading to their deaths.
He also stated that one of them was carrying a knob-stick which he (Dlamini) felt threatened by and fired the fatal shots.

Justice Langwenya in her judgment stated that the crimes that Dlamini had been sentenced of were serious, appalling and unnecessary.
She said families of the deceased were entitled to expect that the crimes committed be punished accordingly.

The judge said she found that when Dlamini committed the offences he had lost his self-control for whatsoever reason in the emotionally charged situation he found himself in.
“The inquiry into his mens rea at this stage of the proceedings would therefore amount more or less to the negation of insanity coupled with some minimal notion of foresight,” she said.
Judge Langwenya did not quantify the degree of the murders.

In her judgment, she said there were extenuating circumstances that act as factors that impact on the moral blameworthiness of the accused at the time he committed the offences.
She said while previous judges have found that immaturity, intoxication, anger, provocation, economic plight, state of health, abuse or mistreatment were the common extenuating circumstances, in the present matter the emotional circumstances applied.

“However, gratuitous and unnecessary the murders were, they were not premeditated. The non-premeditated murders herein were carried out with only legal intention in emotional circumstance,” she said.

The judge further stated that when a killing was impulsive, concepts which emphasise rational processes, had little meaning.

extenuating
“The fact that there was no actual intent to kill but only legal intention is a factor, which should normally be considered an extenuating factor as well as mitigatory. The murderer with actual intent is more morally blameworthy than the murderer with legal intent. A constructive intent to kill is a factor, which must be put on the credit side in accused’s favour in weighing up the existence of extenuating circumstances,” Justice Langwenya said.

She said courts had made convictions of murder with dolus eventualis on its own or featured with other factors may constitute extenuating circumstances.
“I am of the view that since the murders were not pre-meditated coupled with the fact that the accused states he feared for his life as the material time the crimes were committed constitute extenuating factors,” she said.

Before delivering sentencing, the judge said depriving children of the comfort, support and upbringing of their fathers was a terrible thing.

sentencing
“It is with regret that I find that I will have to part you from you children and from your unemployed wife. It is sad for me and for you but my duty is clear. From the evidence led during the trial, I have no idea why you would go to the lengths you did to make widows and orphans in broad daylight in one fell swoop when you had reported the matter to the police, and they had assured you they were coming to attend to the matter,” she added.

The judge said she took into consideration the submissions of both the Crown and the defence in coming to her conclusion and sentencing.

The prosecution submitted that there were no extenuating circumstances leading Dlamini to kill the three people. It was submitted that there was aggravation in what Dlamini did as he did not murder ordinary people as they were actually representatives of Eluyengweni Indlunkhulu and that if he had grievances, he should have used the proper channels of addressing them.
The Indvuna of the area, Justice Ginindza, also said the men were very handy to the council and felt that they died carrying out the tasks assigned by indlunkhulu.

Evidence was submitted that Dlamini also had previous knowledge of the use of a firearm whereby he started using it when he was in his 20s.
It was further said that when he opened fire, he aimed the gunshots at sensitive parts of the men’s bodies whereby the intention was to kill.

Moreover, the Crown said Dlamini was sound and in sober senses when he committed the offences.
“The Crown contends that there was no direct infringement of accused’s right to property and as such he had no reason to act in the manner he did when he committed the crimes he is convicted of,” Justice Langwenya said.

Meanwhile, Dlamini’s defence attorney stated that the murders were not premeditated. Noncedo Ndlangamandla, who represented Dlamini also said there was an argument over land prior to the murders. Dlamini, also apologised to the families of the deceased, the court and the public at large.

The judge said there were extenuating circumstances.
“For this reason, I disagree with the Crown’s contention that there are no extenuating factors in this matter. My value or moral judgment is that of the reasons outlined above, extenuating circumstances are present,” she said.

share story