The Pietermaritzburg High Court has decreased the life imprisonment sentence to 20 years for a man who brutally killed his girlfriend in 2023, citing that there was no evidence that the murder was premeditated.
The Ngwelezane Regional Court had sentenced the killer, Nhlanhla Ndabazezwe Zikhali, for the murder of Winile Zwane. Zikhali stabbed his girlfriend in full view of several people on February 27, 2023, with an okapi knife.
He pleaded not guilty and denied being at the crime scene. He said he had been to Mtubatuba at his family homestead, and he left on the day of the murder.
The couple had been living together, but three days before the murder, Zikhali had kicked Zwane out of their home.
According to two State witnesses, Zikhali saw Zwane on the fateful day. He pulled her by the arm, she fell, and he stamped on her with his feet, asking her where the police were that she had called for him. He taunted her to call them again.
After that, the witnesses said Zikhali took out his okapi and started stabbing his lover fast. They said that at one stage, Zikhali rose from Zwane’s body and pointed to one of them.
Zikhali approached the court to appeal against his conviction and sentence.
However, Judge Robin Mossop dismissed his appeal on the conviction. He agreed with the Regional Court that the State proved beyond a reasonable doubt that Zikhali was at the crime scene on the day of the murder.
He stated that Zikhali did not bring any witnesses to corroborate his claim that he was at Mtubatuba.
“To this, the appellant offered an unconfirmed alibi. In my view, an alibi is only as good as its details, and the details in the appellant’s (Zikhali) alibi are, in my view, singularly lacking,” Judge Mosopp added.
Looking at the life imprisonment imposed on Zikhali, he said the State failed to prove that Zwane’s murder was planned, adding that there was no direct evidence led by the State about this.
He said the only witnesses that were called by the State were those who witnessed the brutal attack. Judge Mossop said the witnesses did not speak on what could have led to the murder.
“It cannot simply be assumed that because the deceased’s death was violent and cruel, her murder was premeditated or planned. There is very often evidence of premeditation that the State can lead,” he said.
Additionally, he said murder that is not premeditated has a minimum sentence of 15 years imprisonment.
The judge stated that minimum sentences can be reduced if there are substantial and compelling circumstances. He said it can also be increased.
“The violence and the cruelty of his attack upon the deceased in any event suggests that a more, rather than a less, severe sentence must be imposed upon the appellant. After reflection, I am of the view that this is an instance where the prescribed minimum sentence should be increased by the permitted period allowed by the Act and that a sentence of 20 years imprisonment should replace the sentence of life imprisonment.”
nomonde.zondi@inl.co.za
