‘Give life to jealous father’

2013-05-27 00:00

A PIETERMARITZBURG man who frequently abused his lover before he shot and killed her two years ago will be sentenced in the high court today.

Thembinkosi Sibiya (29) was found guilty by acting Judge Sibusiso Mngomezulu on Friday of seven charges.

These included the kidnapping and murder of the mother of his child, Gugu Ndlela, and the attempted murder of the man he accused of being her new boyfriend, Ntuthuko Nxasana.

The court heard that on November 3, 2011, he had fired three shots at Nxasana at his residence in Victoria Road, but Nxasana was not hit.

Nxasana subsequently heard gunshots outside where Gugu Ndlela was shot dead.

According to evidence before court, Ndlela was killed while attempting to take refuge in a neighbouring house.

Sibiya was also found guilty of having previously assaulted Ndlela with the intention of doing her grievous bodily harm at her home in Oxford Road, Pietermaritzburg on September 11, 2011 by slapping and hitting her with his fists and stabbing at her with a knife. The knife missed and pierced the bed on which she lay after she shifted her head, the court heard.

He was also convicted of three counts of unlawfully pointing a firearm at Ndlela, their little daughter, Kamua (2) and Ndlela’s older sister, Thandiwe Ndlela on the day of the murder.

The court heard that while Sibiya was assaulting and “fighting” with Gugu Ndlela over her alleged relationship with Nxasana on that day, the child ran up to him and hugged his legs. He pointed a gun at her head and shouted that he was going to shoot her.

Thandiwe Ndlela intervened and grabbed the child and fled to a neighbour’s house.

She testified that Sibiya thereafter forcibly took her sister away with him. She later heard that her sister had been shot dead.

Sibiya was acquitted of two counts that he had robbed Gugu and Thandiwe Ndlela of their cellphones, which he smashed in a fit of rage on the day in question, as the court found that his intention when he took the phones was to stop the two women from calling the police.

The judge also acquitted Sibiya on a charge that he had breached a protection order obtained against him by Gugu Ndlela in October 2011.

Acting Judge Mngomezulu, however, said the court was satisfied that Sibiya was guilty on the other charges based on the totality of evidence given by a number of witnesses. He rejected Sibiya’s version which amounted to a “bare denial” of the charges.

Sibiya’s lawyer, Di Franklin told the court in mitigation of sentence that Sibiya had told her he was remorseful about Ndlela’s death and “would do anything to bring her back”. She also asked the court to take into account when considering sentence that he is capable of being rehabilitated.

State advocate, Gugu Shange, urged the court to impose the minimum prescribed sentences on Sibiya on all counts including life imprisonment for Ndlela’s murder.

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