KABIZZAH OWNER GUILTY OF MURDER

MBABANE – Owner of KaBizzah drinking spot in Matsapha has been found guilty of murder.
KaBizzah is a popular drinking spot situated at Kwaluseni in Matsapha.

The owner, Sibusiso Kukuza Dlamini, popularly known as Bizzah, was found guilty of killing Lungi Hleta by hitting him with an iron rod all over the body after stealing cigarettes and money from his business.
He committed the offence on December 26, 2005.

Dlamini had been charged with murder but he pleaded guilty to culpable homicide, claiming that he did not intend to kill Hleta.
However, Judge Titus Mlangeni found that the evidence of the Crown established dolus eventualis (indirect intention) beyond reasonable doubt.

“The Crown has established dolus eventualis. The accused has not presented an acceptable explanation for his savage and sustained assault upon the deceased,” said Judge Mlangeni.

The court noted that Hleta died due to multiple injuries, including a fatal one to the head.
Judge Mlangeni pointed out that, even if the version of events had been properly put before court, it was not reasonably possibly true and it was clearly falsified by the evidence of the Crown.

The court highlighted that during legal submissions, it was argued for Dlamini that he should be found guilty of culpable homicide, because he did not intend to kill Hleta.

“This submission overlooks the established position that intention can be direct (dolus directus) and indirect (dolus eventualis). In the present case, the evidence of the Crown establishes dolus eventualis beyond reasonable doubt.

When analysing the evidence, the judge stated; “For a relatively young Lungi Hleta, one moment of mischief cost him his life, literally.”
The judge noted that Hleta died at the age of 20 years. The background of the matter was that, Dlamini was operating a make-shift retail shop, colloquially referred to as ‘spaza’ at Mbhuleni in Matsapha.

During the hearing of the matter, the court heard that, two young girls were keeping watch over Dlamini’s spaza while he was away getting ready to go and purchase stock from wholesalers. Hleta reportedly took advantage of the young girls, helped himself to cigarettes and money in cash that was in the spaza.  The deceased (Hleta) was well-known to the young girls who were from the same neighbourhood with him. 

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