Mpumalanga High Court sentences former by-law enforcement officer
Mbuyane was sentenced in the Mpumalanga Division of the High Court today. According to the National Prosecuting Authority's regional spokesperson, Monica Nyuswa, the conviction relates to an incident that occurred at Kwanyoni Lodge near Mbombela on April 15, 2023.
'The accused became suspicious of his wife's whereabouts after multiple unanswered phone calls. He tracked the vehicle she was driving using a GPS tracking device, which led him to the lodge. Upon arrival, he identified the room where the vehicle was parked. After knocking and not receiving a response, he forcibly entered the room by kicking the door open. Inside, he found his wife and Nkosi naked in bed,' she said.
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Nyuswa said an altercation ensued, prompting the wife and Nkosi to flee the room. The accused pursued them and shot Nkosi in the head and shoulder, before fleeing the scene. He later handed himself over to the police. The case docket was handed to the Hawks' Nelspruit-based Serious Organized Crime Investigation Unit for further investigation.
'During court proceedings, the Mbuyane pleaded guilty to murder and housebreaking. However, the State rejected the plea because the murder was premeditated. The matter proceeded to trial. State advocate Senzo Zindela led compelling testimony from the accused's wife and an eyewitness, both of whom corroborated the events leading up to the murder. In mitigation, the accused claimed he had no intention to kill and had merely sought to confront his wife,' said Nyuswa.
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She also said after evaluating all the evidence presented, the court convicted Mbuyane on both charges. During Mbuyane's sentencing, the court considered that the accused had been in custody since his arrest. He was sentenced to five years' imprisonment for housebreaking and 12 years' imprisonment for murder. The sentences will run concurrently, resulting in an effective sentence of 12 years. The accused was also declared unfit to possess a firearm.
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The organisation stated that this inaction reflects a lack of commitment to ensuring that families obtain justice for their loved ones' deaths, adding that several family members have died before seeing any meaningful accountability. NPA spokesperson in the North West, Sivenathi Gunya, said the case would resume, adding that the authority looked into all the dockets that were brought from head office to the North West division for a decision, following the acquittals of some police officials. "The decision was made to conduct a formal inquest before proceeding to court, as the evidence in the dockets was based on similar facts. The team, headed by the Deputy Director of Public Prosecutions and two senior State advocates, made a decision to go for a formal inquest. The decision was communicated to the IPID for them to compile an inquest docket for the process to resume," he said. Only nine officers have been prosecuted to date. In 2021, four officers, including former North West deputy police commissioner Major-General William Mpembe, were acquitted in the matter related to the death of Modisatsile van Wyk Sagalala, one of the mineworkers shot on August 16. Sagalala died while handcuffed at the back of a police truck. The High Court also acquitted six officers for their role, which resulted in the deaths of Semi Jokanisi, Thembelakhe Mati, and Pumzile Sekonyile. "The two trials that concluded in 2021 and 2024 sat sporadically and were slow-moving. They have been the closest that the families have come to learning the true details about the deaths of their loved ones and obtaining some form of closure. Both failed prosecutions have shown the corrosive impact that the passage of time has had on the strength of the State's cases, which means that further delays in prosecutions are to deny the families justice and an opportunity to see those implicated being held to account," said Seri executive director Nomzamo Zondo. She added that the NPA issue in 2023, and detailed various personnel and resource constraints, as reasons for their failure to prosecute the deaths. Zondo noted that two more years have passed, yet families and survivors have still not seen any progress regarding prosecutions. Gunya said the issue has been resolved, and a team of senior State advocates led by the deputy director has been established to look into the docket. Seri added that aside from justice for the families, prosecutions for the massacre are consistent with South Africa's international obligations concerning victims of gross human rights violations, which the Marikana Massacre is emblematic of. 'The failure to hold accountable those responsible for these deaths is a betrayal of the promise of justice. Not only does it dishonour the families of the deceased, but erodes trust in our justice system." Marikana has arguably been the most politicised incident of police brutality since 1994. It has left permanent scars on our democracy, said Zondo, adding that it is crucial that justice is administered equally and that the families and survivors of the massacre are given the opportunity to obtain closure.
