14-05-2025
Court upholds 15-year sentence for man convicted of murder over beer dispute
Pietermaritzburg High Court dismisses appeal on sentence for Samson Nkanyiso Ngeleka, who stabbed a man in a dispute over beer.
Image: File
The Pietermaritzburg High Court has dismissed an appeal over a 15 year imprisonment in a murder case of a man who was stabbed to death in an argument over beer.
Convicted killer Samson Nkanyiso Ngeleka (33), went to the court to appeal his sentence, claiming that the Magistrate who sentenced him made errors. Ngeleka was at a tavern in September 2020 when the unknown man confronted him. An argument ensued, and Ngeleka stabbed the man, who has not been identified.
According to the State witnesses, Ngeleka was on top of his victim, stabbing him, while the man lay on the floor. An empty crate was used to hit Ngeleka to stop him from continuing the attack on the man. Ngeleka then ran away and was later found sleeping in his room, with blood-stained clothes next to his bed.
Ngeleka had pleaded not guilty and denied stabbing the man.
Acting Judge (AJ) Sibisi said Ngeleka refused to stop assaulting the deceased when requested to do so and only stopped after being hit with a plastic crate.
'Ngeleka and like-minded people must understand that in a civilised society, disagreements are not resolved by resorting to violence. More so in this case, the deceased was killed because of an argument over a beer,' Sibisi added.
Moreover, Acting Judge Sibisi said that taking someone's life was a serious offence and described the behavior of Ngeleka as unacceptable.
The Judge looked at factors that Ngeleka listed as exceptional circumstances for the court to deviate from the 15 year imprisonment and said he could not find such reasons.
In 2016, he said Ngeleka was convicted and sentenced to 18 months' imprisonment for assault with the intention of causing grievous bodily harm. However, the 18-month sentence was suspended for five years.
Ngeleka told the court that he has two minor children and he was taking care of his mother. He also cited that before he was arrested, he was working at Leach Landscaping, earning R4,600 per month.
'The fact that the appellant (Ngeleka) was employed and cared for his mother, in my view, are normal neutral factors that do not amount to substantial and compelling circumstances,' Acting Judge Sibisi said.
Sibisi found that the Magistrate who sentenced Ngeleka had considered all the factors in determining the sentence, and there were no misdirections or errors.
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