Durban — The Ntuzuma Magistrate’s Court has sentenced a man in a murder case, similar to that of Paralympian and convicted murderer Oscar Pistorius, to eight years’ imprisonment.
Pistorius is serving a 13-year-and-five-month prison term for the 2013 murder of his model girlfriend Reeva Steenkamp whom he shot through the bathroom door of his Pretoria East home on Valentine’s Day 2013.
Bus driver Siyazi Vincent Gumede, who was out on bail, was convicted last month of the murder of his mistress Zinhle Mtshali.
She was shot in killed through a main door leading into her home by Gumede in 2021.
During the trial, State prosecutor N Malinga set out to prove dolus eventualis which speaks to the principle that a person can be convicted of murder if they foresaw the possibility of their actions resulting in the death of someone but continued regardless.
Mtshali had at the time of her murder been in her house with her 16-year-old son Wandile Mhlongo.
The court heard evidence that Gumede was employed by the Durban bus service Tansnat was having an extra-marital affair with Mtshali. The home he shared with his wife was just two houses from that of his mistress.
It also heard how there was a history of abuse in the relationship, and that Mtshali was afraid of the accused.
The evidence of Mtshali’s son was that on the day of the murder, Gumede had come to their home at 4am demanding to be let in. The previous night Gumede had allegedly hit Mtshali with his fist.
Mhlongo said that morning when he came to their house Gumede wanted Mtshali to open the door but she said she was too scared to open it for him.
Gumede denied that their relationship was abusive, saying he had shot at the door in a bid to open it.
His explanation to the court was that every morning he would go to Mtshali’s house to help her receive bread that was delivered to the house since she owned a tuckshop and often she would misplace the key to open the door.
Magistrate T Nomvungu said when it came to sentencing presiding officers had to balance many conflicting interests.
“These being the personal interests of the accused, the interests of society as well as considering the crime committed…
“The accused is a first offender, he is married and gainfully employed with children whom he supports but he is not the primary caregiver.
“It is however apparent that he is not the only one supporting his children …The State argued that this was a femicide matter and should be treated with the seriousness it deserves,” said the magistrate.
She said that gender-based violence was rife in South Africa with communities against the scourge, therefore there was pressure on the courts to hand down harsh sentences in this regard for retribution.
“One cannot sentence to satisfy public demand. This was not a callous murder. When the victim was injured the accused poured water on her and took her to the clinic.
“On the merits, the court did not find evidence of abuse in the relationship other than what was said by witnesses here in court.”
She said that witnesses testified that there had been an incident the night before the murder but there was no evidence.
Nomvungu said witnesses also testified about another incident where the accused allegedly pointed a gun at Mtshali but none of these witnesses were there when this allegedly happened.
The court found that Gumede foresaw that Mtshali would be shot but he did not plan to kill her.
Nomvungu said substantial and compelling circumstances had been presented to the court and these were enough for her to deviate from the 15-year imprisonment minimum prescribed sentence.
“A sentence must be appropriate based on the circumstances of the case, there must be an appropriate sentence for the crime … Taking into account the factors of the case imposing the minimum sentence will be too severe.”
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