2
THE HIGH COURT OF SWAZILAND
HELD AT MBABANE
CRIMINAL TRIAL NO. 40/2006
In the matter between
REX
vs
BONGANI MASEKO
EDUCATION MFUNDO MKHWANAZI
1st Defendant 2nd Defendant
Coram
Banda, CJ
For the Plaintiff
For the Defendants
Mr. Makhanya In Person
[1] The two accused were charged with the offence of culpable homicide. It is alleged that the accused acting jointly and in furtherance of a common purpose did unlawfully and negligently kill one June Sangweni. They
JUDGMENT
have both pleaded guilty to the charge and the learned Director of Public Prosecutions has accepted their pleas. Accordingly I found both accused guilty of culpable homicide and were convicted.
[2] The facts which the prosecution narrated supported the pleas of guilty. A Medical Report was produced as part of the evidence. It is marked Ex. "A". The report shows that the deceased suffered multiple injuries which are consistent with a sustained assault which the accused must have meted out to the deceased. The statement which the second accused made to a judicial officer has been produced as part of the evidence and is marked Ex."B". That statement is a clear confession by the second accused but it cannot be used against the first accused unless he adopts it. There is no evidence that he has done so. Consequently the statement is evidence only against the maker who is the second accused.
[3] In considering the sentence I should impose in this case I have taken into consideration the facts of mitigation which both accused have told me. They are both first offenders and young. The first accused is 27 years and the second accused is 22 years old. They have pleaded guilty and they gave full cooperation to the police during investigations. While I understand the circumstances which triggered the assault, that the deceased had interfered with their arrangement with girlfriends, there can be no justification for the persistent and brutal assault which they committed. I do not accept the accused assertion that they only used sticks and open arms when assaulting the deceased. The deceased suffered injuries on the chest, on the abdomen, at the back, wounds on the legs, on the elbow; five ribs were fractured and there were intracerebral haemorrhage. These injuries were inflicted because they wanted to teach the deceased a lesson. Each accused will therefore be sentenced to nine (9) years imprisonment.
Pronounced at the High court sitting at Mbabane on this 15th day of June 2007.