CONVICT COLLAPSES JUST BEFORE SENTENCING

MBABANE - Judge Maxine Langwenya yesterday had to stop reading a judgment pronouncing the sentence as a man who conspired to kill his stepmother collapsed in the dock.

The judge was about to pronounce the sentence after having read most parts of the judgment when Bongani Magawula Magagula, who is facing a charge of conspiracy to murder collapsed. Bongani, who had been out on bail, was in court for sentencing. Judge Langwenya had to adjourn the proceedings while assistance was being sought. Assistant Registrar, Bonisile Ndzimandze and those who were in court tried to administer first aid. They removed Bongani’s shoes and jacket, and also used documents to fan him but this seemingly did not help as he remained unresponsive and was frothing in the mouth. This resulted in Ndzimandze calling some lawyers who had come to the Hih Court for other matters to assist in carrying Bongani to a police vehicle which ferried him to the Mbabane Government Hospital, which is situated a stone’s throw from the High Court. It was later gathered that the convict was admitted to hospital and this meant another date would be set for the continuation of the reading of the judgment on his sentence.

Kill

Bongani was found guilty of conspiring with Ndumiso Abel Shabangu to kill his mother, Baby Beauty Magagula. According to the indictment, the duo committed the offence in October 2021 near KaLuhleko. Bongani pleaded guilty to the charge and this resulted in him entering in a statement of agreed facts with the Crown. In the statement of agreed facts, the court was informed that during the month of September 2009, Baby’s husband passed away and was survived by Bongani and another child by the name of Mabusi.  In the statement of agreed facts, it was submitted that pending the winding up of the estate, there were disagreements between Baby and the convict. It was narrated to the court that during the month of October 2012, Bongani and his co-accused (Shabangu) approached a traditional healer, Bhekwako Dlamini of Bhunya. They are said to have told the traditional healer that they needed some potion that would make him get his late father’s estate.

The traditional healer gave Bongani and Shabangu some potion that would ensure that he got his late father’s estate. Bongani then informed the traditional healer that he had decided to kill his stepmother if the Master of the High Court awarded her the whole estate, so he was looking for a gun.  Bhekwako then showed Bongani a pistol that he had in his possession and he (Bongani) took it and they then left. Again during the month of October 2021, Bongani approached another traditional healer, Samson Maseko of Malindza and requested a potion that would make Baby fall sick and then die. He, according to Maseko, told him that he wanted Baby to fall sick and die in order to avoid any suspicions that would link him to her death.  
Maseko said he then gave Bongani a potion which was made up of some black substance in a match box, cotton thread and a stone. These things were to be planted across a path where Baby would pass. The accused took the potion, paid the traditional healer and left.

Bongani is reported to have then approached Mlungisi Senzo Magagula and requested help to kill his stepmother.  He is said to have given Mlungisi the potion he had obtained from Maseko. Herequested Mlungisi to use it to kill Baby and further told him how to use it. Mlungisi is said to have taken the potion and put it in a forest.  The court heard that Bongani and Shabangu telephoned Mlungisi Nzima requesting an audience and when they met; the latter told him (Nzima) that they needed someone to kill Baby.  Bongani explained to Nzima that he was involved in an inheritance dispute with Baby and that was the reason he wanted to kill her. The following day Nzima met Bongani and told him that Baby was to be killed on that day. He (Bongani) is said to have showed him the homestead where Baby resided.

Agreed

He reportedly told Nzima that Baby was in church at the time, but that when she came home he (Nzima) must kill her. Bongani according to the statement of agreed facts, gave Nzima a pistol and he left. Nzima decided not to kill Baby and he told Bongani that he had encountered some problems. Nzima kept the pistol until he was arrested by members of the Royal Eswatini Police Service (REPS). The matter was eventually reported to the police who then also arrested Bongani and Ndumiso.  Ndumiso was arrested on February 14 while his co- accused was nabbed by the police on January 22, 2013. In the statement of agreed facts, Bongani admitted that his conduct was unlawful and intentional. He further stated that he went to his stepmother to apologise for what he intended to do and she indicated that she was forgiving him. The Crown in this matter is represented by Principal Crown Counsel Brian Magagula while Sifiso Jele was for the accused.

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