Murder with Direct Intent – Othandweni Tragedy
Dlamini was convicted of murder with dolus directus (direct intent) for shooting Shongwe at close range at Othandweni in the Lubombo region.
During mitigation, defence counsel invoked Section 295 of the Criminal Procedure and Evidence Act, asking the court to consider extenuating circumstances such as social, personal, and moral factors that could reduce culpability.
The defence argued the couple’s relationship was troubled, marred by property disputes, marital conflicts, and mutual suspicion of witchcraft.
“No amount of personal hardship can excuse interfering with another person’s right to life.”
— Prosecution argument
Personal Hardship Considered But Not Excused
The court heard that Dlamini, a father of six (five still in school), had completed Form V and had no tertiary education. At the time of the crime, he was the sole breadwinner.
Defence counsel stated that Dlamini’s family had personally apologised to Shongwe’s relatives during a meeting at Big Bend Correctional Facility.
Judge Stresses Sanctity of Life
While acknowledging the accused’s cooperation and lack of prior convictions, Judge Dlamini stressed the sanctity of life as paramount.
“The murder was deliberate, violent, and left devastating consequences.”
— Judge Bongani Sydney Dlamini
