REMOVE DANGEROUS, VIOLENT BIZZAH FROM SOCIETY - CROWN

MBABANE – “Please keep him away from the community, he is dangerous and violent.”

This was the plea of Principal Crown Counsel Absalom Makhanya in his submission during the matter of KaBizzah owner, Sibusiso Kukuza Dlamini (48).
KaBizzah is a popular drinking spot situated at Kwaluseni in Matsapha.

Dlamini was recently found guilty of murder by Judge Titus Mlangeni and he was yesterday in court for mitigation of sentence.
Makhanya also asked the court to consider that Dlamini was not a first offender as in 2010, he was sentenced to five years for attempted murder. In the aforementioned case, Dlamini used a spear to stab the complainant.

 The principal Crown counsel also pleaded with the court to note that Dlamini committed the offence while he was out on bail.

Violent

He beseeched the court not to turn a blind eye on the fact that Dlamini was a violent person who seemingly had no respect for the rule of law.
Makhanya submitted that the community should be protected from people of Dlamini’s calibre.
“This can only be done by keeping the convict behind bars for a lengthy period. I implore the court to issue a sentence that would serve as a deterrent to other would-be offenders,” argued the senior government attorney.

He also highlighted that in the present case, Dlamini did not show any remorse as he did not bother to assist the family of the deceased.
Dlamini 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 had been charged with murder but he pleaded guilty to culpable homicide, claiming that he did not intend to kill Hleta.

However, Judge 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 on different parts of the body, including a fatal one to the head.
Judge Mlangeni pointed out that, even if his 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.

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