‘Traffic cop provoked by man he shot’

2012-06-11 00:00

A RICHMOND municipal traffic officer has received an eight-year suspended sentence with correctional supervision for killing a man who taunted and invited him to shoot.

The incident occurred at Ndaleni at 8 pm on July 26, 2008.

Regional court magistrate Rose Mog­wera found that Mthoko Mlotshwa (36) had been subjected to extreme provocation by the victim, Xolani Nxele.

According to evidence, Mlotshwa had stopped at a garage to use an air pressure hose which was then in use by Nxele. An argument broke out and according to witnesses, Nxele repeatedly assaulted Mlotshwa.

Mogwera said that according to the evidence, Nxele continued to follow Mlotshwa afterwards, taunting him to shoot him.

“He challenged the accused to a fight and this went on for a while until the accused just couldn’t take it anymore and lost his temper and obliged by shooting the deceased,” said Mogwera.

She said Mlotshwa’s behaviour was not justified and he had shown a serious lack of judgment.

“It’s plain stupid to draw your firearm and shoot someone just because he is provoking you,” she told Mlotshwa. “One hopes that you have learnt from this experience.”

She said according to a psychological report prepared by Professor Lourens Schlebusch, Mlotshwa was remorseful for his actions.

She further found that he did not have a propensity to commit violence and said she did not believe he was a danger to the public, but was in fact a productive member of society.

“I really believe if it had not been for the deceased antagonising him the accused would not be here in court today … He is not likely to re-offend,” Mogwera said.

She warned Mlotshwa, however, not to take his sentence lightly or think of it as a “slap on the wrist”.

She said a condition of the suspended sentence was that he must undergo three years of correctional supervision, throughout which time he must perform community service without remuneration and is to undergo rehabilitation programmes, including life skills and orientation, and a programme for aggressive offenders.

He also could not change his address or leave the magisterial area where he resides, without permission, and must subject himself to close monitoring.

• ingrido@witness.co.za

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.