Sindisiwe Manqele loses appeal against murder conviction

By Drum Digital
24 May 2016

Convicted killer Sindisiwe Manqele's application for leave to appeal was dismissed on Tuesday in the Palm Ridge Magistrate's Court.

Convicted killer Sindisiwe Manqele's application for leave to appeal was dismissed on Tuesday in the Palm Ridge Magistrate's Court. 

This was despite her lawyer arguing that twelve years' imprisonment was not an appropriate sentence when considering the other factors at play.

Manqele stabbed her boyfriend Nkululeko "Flabba" Habedi in the chest in March last year at his Alexandra home after the two had a heated argument.

Defence attorney Norman Makhubela said another court could find that one stab wound cannot be found to have exceeded the boundaries of self-defence.

"Premeditation means the applicant must have thought out or pre-planned the stabbing. There was nothing in her evidence that suggested this," Makhubela said.

Makhubela said just because Manqele acted intentionally doesn't mean her actions were unlawful.

Manqele pleaded not guilty to the murder charge, saying she had acted in self-defence after Habedi had pinned her down, rubbed his saliva on her face and poked at her stomach with a knife as he accused her of seeking men who could provide better for her financially.

During the trial, under cross-examination by prosecutor Paul Schutte, Manqele buckled under the pressure and told the court that she had intentionally stabbed the hip-hop musician.

Sitting calmly with her head covered with a scarf, dressed in a black leather jacket, she listened to the court proceedings in a half full court.

Makhubela said she was acting to defend herself and her life during a violent altercation.

He argued that the court erred in separating the single act of stabbing and the events that led up to that moment.

Makhubela said the court over-emphasised the seriousness of the crime instead of considering other factors.

Source: News24

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