Times Of Swaziland: NELISA JAILED 15YRS FOR CROWN COUNSEL’S MURDER

NELISA JAILED 15YRS FOR CROWN COUNSEL’S MURDER
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Mbongiseni Ndzimandze  and temlando methula on 15/06/2023 08:45:00


MBABANE – “The manner in which the accused acted in killing the deceased was
vicious and inhumane.”
This was said by Judge Maxine Langwenya when sentencing Mbabane socialite Nelisa
Hlatjwako to 15 years imprisonment for the murder of Principal Crown Counsel
Stanley Dlamini.
Hlatshwako, who hails from Gege under Chief Velamuva, committed the offence on
April 25, 2018 at Msunduza. Judge Langwenya said the task of a sentencing judge
was a daunting one, because punishment imposed should reflect the indignation of
the court and of the people directly and indirectly affected by the accused
person’s wrongdoing. She said society in general had a legitimate expectation
that justice would be served.In her judgment, Judge Langwenya noted that
Hlatshwako was provoked by Dlamini, who spat on him when he (Hlatshwako) took up
the cudgels for ‘Gauzen’ after the latter had been accused by the deceased
of allegedly raping his niece.“The court is mindful of the fact that people in
any society encounter situations in which they are angered, humiliated or
provoked but have to control their emotions without yielding to the urge of
taking the law into their own hands,” said Judge Langwenya.
The judge went on to state that it was trite law that courts in their
determination of possible mitigating factors, in deserving cases, a verdict of
murder with dolus eventualis was such a factor, either alone or together with
other features depending on the particular facts of the case. Dolus eventualis
is where an accused person can objectively foresee that his conduct is likely to
cause the death of another, but proceeds to act regardless of the consequences
of his conduct.The court said it accepted that the murder was committed with
constructive intention and that, taken together with the fact that the accused
and deceased had been drinking alcoholic drinks that night was a mitigating
factor. Judge Langwenya pointed out that it was submitted on behalf of the
accused that he deeply regretted the events of April 25, 2018; that the incident
changed his life forever and that the accused had sleepless nights about causing
the death of the deceased.
Apology
“Except for his emotional apology to the court and to the family of the
deceased during the trial, there is nothing said about action, if any, taken by
the accused to show that he was remorseful about his wrongdoing. It is clear
though that immediately after the accused had inflicted mortal injuries on the
deceased person, he left him lying on the ground,” said the judge. Judge
Langwenya further mentioned that the court heard that the deceased’s tongue
was protruding from his mouth and his eyes were wide open as he lay on the
ground. “No steps were taken by the accused to assist the deceased get medical
assistance after the assault. There is also no evidence that the accused or his
family sent condolences to the family of the deceased as a sign of accused’s
contrition,” reads part of the judgment.Judge Langwenya  went on to state
that, remorse, repentance, an endeavour to assist the victim before  his
(victim) death were factors which might be mitigatory only if combined with
other factors. It was the court’s finding that the accused had not accepted
legal and moral responsibility for his wrongdoing.
“He seems to be more self-absorbed and feels sorry for himself than he is
out-ward looking and concerned for the welfare of the people he caused grief by
killing the deceased. I am, therefore, not satisfied that the regret expressed
only during the trial is genuine and sincere,” said the court. The court said
it knew that the accused had four children and an elderly mother who was
unemployed and sickly. Judge Langwenya said it was a terrible thing to deprive
children of the comfort and support of their father. She further mentioned that
it was a terrible thing to deprive an elderly parent of the support of her son.
The judge said this was especially so in   Hlatshwako’s case as he was the
only breadwinner responsible for the support of his mother. “It is with regret
that I find that I will have to part you from your mother with whom you reside
in Mbabane. It is sad for me and for you but my duty is clear. The crime you
committed is as serious as it was brutal and deserving of punishment,” said
Judge Langwenya.
Fair
In its judgment, the court said it considered the triad of factors in the
matter. Judge Langwenya  said she was alive to the requirement that punishment
should fit the criminal as well as the crime; be fair to society; and be blended
with a measure of mercy according to the circumstances of the case. She said the
offence of murder that was committed by the accused in this case was very
serious.“Furthermore, the manner in which the accused acted in killing the
deceased was vicious, and inhumane. In reaching its decision, the court is
mindful of the fact that the accused is a first offender with a number of
dependants but it is not oblivious to the seriousness of the offence and the
interests of the society,” reads part of the judgment. It was the court’s
finding that, the personal circumstances of the accused were of less weight in
comparison with entrenched opposing interests of society. Judge Langwenya found
that the crime warranted that an appropriate sentence be meted out in the
circumstances.“It is important to send a deterrent message to society in
general that conduct, as demonstrated by the accused will not, and should not,
for the sake of law and order be tolerated and that the imposition of a sentence
of long-term imprisonment is inevitable,” said the court.
The accused was sentenced to 15 years imprisonment. The sentence will take into
account the period of one month which the accused spent in pre-trial
incarceration.The murder of Dlamini, popularly known as ‘Stan’ shocked a
number of residents at the densely populated location in the outskirts of
Mbabane.Shortly after Dlamini’s murder, witnesses said Hlatshwako was in the
company of another well-known socialite, Gauzen Gama, who was first to be taken
in to assist the Mbabane police with investigations on the matter. However, it
was later disclosed that the latter was questioned for a brawl outside the
entertainment area. He recorded a statement before he was released, when the
eventual suspect was finally apprehended and charged with the murder of
Dlamini.One witness said the deceased, who was in the company of a female
friend, had spent the night at the nearby hangout spot. Early that morning, he
said he had an altercation with the accused that led to a fight. At the time,
there were a lot people who watched the brutal killing of Dlamini.The accused
was represented by Noncedo Ndlangamandla, while appearing for the Crown was
Principal Crown Counsel Macebo Nxumalo.