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‘UNREMORSEFUL’ EX-NERCHA MANAGER’S KILLER SENTENCED TO 25 YEARS

By Mmeli Mkwanazi | 2024-09-18

Judge Maxine Langwenya yesterday sentenced Zwelibanzi Simelane to life imprisonment of 25 years without an option of a fine, citing he was not so much remorseful, but regretful of murdering ex NERCHA Manager Sharon Neves.

The judge meted out the sentence hardly a month after she found him guilty of the murder of his former lover. Simelane (36) committed this offence on February 2022 at Nkhanini, Nhlangano by assaulting the deceased with a pick axe handle as her body was found in a pool of blood, covered in a kanga in the passage of her flat where they both resided.

As a result of the assault by Simelane, her shoulders and arm were oozing blood and her right ribs were severely fractured. This includes injuries of about 14.7cm on the face, three head injuries of 12.4 cm, her buttocks which had injuries of about 15 cm and both legs which had injuries of about 17 cm.

Doctor Reddy Reid, the police service’s pathologist stated that Neves had seven injuries on her head which resulted in her death.

When reading out the judgement, the judge said Simelane seemed to be more self-absorbed and only felt sorry for himself.

“In my view, the accused is not so much remorseful as he is regretful-the two are not the same. Remorse is gnawing pain of conscience for the plight of another.

It is genuine contrition that comes from an appreciation and acknowledgement of the extent of one’s error. Regret on the other hand is when an accused feels sorry for himself for having been caught,” read the judgment in part.

She said Simelane was only concerned for his welfare particularly that he was sent to prison for a long time. He is neither outward looking nor is he concerned for the welfare of the people he caused grief by murdering the deceased.

She therefore stated that she was not satisfied that the regret expressed by the accused was genuine and sincere.

Assault
The judge said the assault by Simelane on Neves was savage and violent given that the deceased was unarmed when she was assaulted with a pick axe handle repeatedly all over her body.

This, in the judge’s view was an aggravating factor as Neves died in the hands of someone who professed love to her. She stated if Simelane loved Neves, he would have much rather protected her than subject her to the brutal assault and death.

In this regard, she said on July 12, this publication reported that in 2023, 17 686 cases of gender based violence were reported countrywide which showed an increase of five per cent from cases reported in 2021.

With this, she said the courts must play their role in fighting the scourge of gender-based violence by meting out appropriate sentences to perpetrators.

Judge Maxine further noted that Simelane had four minor children who depend on him for support and said it was a terrible thing to deprive children of the comfort and upbringing of their father.

She added that it was with regret that she found that she would have to part him from his children but her duty was clear.

“I have no idea why you savagely brutalised the deceased in the manner you did when you had so many options that you could have taken to avert her demise. You found her sitting and having wine in the lounge.

When the altercation began, you could have easily left the house as the door was open; you could have disarmed her without much harm to yourself.

You did not,” averred the judge. Furthermore, the judge mentioned that this was clearly a case of gender based violence and the community deserved to live in a better world than this, where a woman can speak her mind to her romantic partner without fear of being murdered; a world in which a woman’s life is valued by all and her fate is not in the hands of a man who crept into her life guised as a romantic partner who will one day decide when her time on earth is over and that she should die.

She also said hardly a day passed by without reports in the news about incidents of domestic violence and gender based violence in the country. In view of the accused’s personal circumstances on record, Judge Maxine said, “The nature and extent of the offence of which he stands convicted, the legitimate interests of society and retribution and deterrence as objectives of punishment, I sentence the accused to 25 years imprisonment without the option of a fine.”

The sentence was backdated to February 9, 2022 which is the date the accused was taken into police custody.

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