A member of a notorious prison gang was found guilty of murdering his friend during what he claimed was an initiation ritual under the gang’s code.
The high court, presided over by Judge Bongani Dlamini, delivered the guilty verdict yesterday, convicting Themba Mbuli of the murder of Sibusiso Smolly Ngwenya at Siphocosini in the Hhohho region. The incident occurred on November 20, 2020.
The accused, who pleaded not guilty to the charge, admitted during his defence that he and the deceased were both members of a gang and the killing was linked to a ritual observed within the gang. However, the court rejected his claim of self-defence, ruling that the killing was intentional and unlawful.
The first witness for the Crown, Dr. Reddy, a police pathologist testified that Ngwenya died as a result of “haemorrhage caused by a penetrating injury to the left lung.” The post-mortem report identified five stab wounds on the body of the deceased.
According to the doctor, one of the wounds ruptured the lungs and caused the loss of approximately 2 500 millilitres of blood.
The court noted that the extent of the injuries and the force used indicated an intent to cause death.
In his defence, Mbuli told the court that he was a self-employed farmer residing in Siphocosini. He said that on the day, he had gone to inspect his fields before deciding to buy cigarettes.
On his way, he met one Mkhulisi Mahlambi and the two proceeded to a homestead known for selling alcohol and cigarettes.
Upon entering the homestead, the accused said they found several people drinking alcohol, including Ngwenya. Mbuli told the court that Ngwenya approached him and spoke to him in the gang’s coded language, reminding him about a ritual he was supposed to perform.
According to Mbuli, Ngwenya, who appeared drunk, insisted that the ritual had to be performed immediately. The accused claimed that Ngwenya pulled out a knife and handed it to him, demanding that he carry out the ritual. Mbuli said he refused and tried to calm Ngwenya down, but the latter persisted.
The Crown submitted that the accused’s claim of self-defence was an afterthought and false. It argued that the accused was not under any form of attack when he fatally stabbed the deceased.
“The defence’s version revealed during cross-examination that there is a gang rule, according to the accused, that every 10 years the number changes and blood has to spill,” the Crown stated. “He alleged that the deceased threatened to kill him if he refused. It is submitted that such is false as it was never put to any Crown witness but merely revealed during the defence case.”
In delivering judgment, Judge Dlamini held that the accused foresaw death as a likely outcome when he stabbed the deceased multiple times in vital parts of the body.
“The court has no doubt that the accused person foresaw death occurring when he stabbed the deceased at least five times on vital and sensitive parts of the body,” the judge stated.
Judge Dlamini said the evidence demonstrated that the accused was not acting in self-defence but was participating in a gang ritual that resulted in the unlawful killing of another person.
“The evidence shows that both the accused and the deceased were members of a prison gang and both acted towards the fulfilment of a certain ritual in terms of their gang code,” the court said.
The court ruled that the Crown had proved beyond reasonable doubt that Mbuli committed the offence of murder with dolus eventualis; a form of intent where a person foresees that their actions may cause death but continues regardless.
Having considered all the evidence, the court found Mbuli guilty, sentencing will be delivered at a later date.
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