Mthembu gets five years for culpable homicide
MBABANE – High Court Judge Qinisile Mabuza has sentenced Jerry Mthembu to five years imprisonment for culpable homicide.
Mthembu was arrested and charged with the murder of Thandi Dlamini, his fiancée, on August 5, 2010, while at Makholweni in the Manzini region.
He was also charged with contravening Section 43bis of the Criminal Procedure and Evidence Act of 1938 by concealing his identity when questioned by the police.
He was released from custody after the lapse of seven months from the date of arrest after he was admitted to bail.
When the charge sheet was read to him, he pleaded not guilty to murder but guilty to culpable homicide, which plea was accepted by the crown.
A statement of agreed facts was entered in which Mthembu told the court that, on August 4, 2010, he had an altercation with Dlamini, over the keys to their rented hou-se.
Dlamini allegedly accused Mthembu of going to see another lover and that he was not going straight to the house.
A fight ensued between them and he then assaulted her by kicking her all over the body.
They then went to the house together to sleep the court was told.
The next morning, Dlamini complained of pains as a result of the injuries sustained. Mthembu then took her to Raleigh Fitkin Memorial Hospital where she died while undergoing treatment.
On August 12, 2010, pathologist Komma Reddy conducted a post-mortem on the deceased.
Reddy opined that the deceased died from multiple injuries inflicted all over her body.
It was agreed between the parties that Mthembu committed an unlawful act which was the cause of death and that such an act was dangerous in the sense that a reasonable man would inevitably recognise that it carried some prospects of harm.
Judge Mabuza sentenced the accused to five years imprisonment without an option of a fine. A period of seven months was to be deducted from the sentence, in respect of the period Mthembu spent in prison before he was admitted to bail.
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