Rex v Masimula (383/2016) [2024] SZHC 62 (28 March 2024)

Accused is charged with the murder of his wife -At  the time the wife met her death, she was in the same motor vehicle with the accused and were coming from a night prayer service held at Zulwini, Hhohho region - Upon arrival in Mbabane, the accused bought petrol at a filling station in order to fill a car that he left at Nkhaba without sufficient petrol, according to evidence he tendered - The accused resided at his parental homestead al Nkhaba whilst the deceased wife resided in Piggs Peak, a place that is some kilometres away from Nkhaba when coming fi'om the Mbabane direction - They proceeded to Nkhaba and the accused was the driver - Upon arrival, the accused stepped out and went to his house and again returned to the vehicle as the wife insisted that they should spend the night in Piggs Peak and not at Nkhaba - Upon coming back he found that the wife had taken the driver's seat and he allowed her to drive - They started their journey to Piggs Peak - Having joined the main road and driving towards Piggs Peak, she lost control of the motor vehicle and it drove off the road and got into a nearby ditch -According to the accused, he suspects that his wife fell asleep while driving - The vehicle caught fire and was extensively burnt - The wife was found dead and extensively burnt in front of the passenger's seat after the fire had been put off by the National Fire and Emergencies Services - The accused was rushed to the Mbabane Clinic - He was later charged with the murder of his wife.