Seven years for killing brother after smoking dagga

MBABANE-A man who killed his brother by fracturing his skull has been sentenced to seven years by the High Court.

Mandla Shadrack Phakathi (45) was sentenced by High Court Judge, Qinisile Mabuza, for culpable homicide after he killed his elder brother, Dumsane Phakathi, during a traditional ceremony at their parental home at Makhukhula in the Shiselweni District.

Phakathi committed the offence on January 4, 2009 during the ceremony which was in honour of their ancestors. The ceremony had been hosted by his cousin who worked in South Africa.

Evidence led in court was to the effect that Phakathi was expected to cook a goat which was to be used for the occasion and he is said to have complained that he was not the one who was expected to work. The deceased rebuked him which led to the fight between them.

When the matter appeared in court, Phakathi pleaded guilty to the offence and asked the court to give him a lenient sentence. He said he was a firsttime offender who had a wife and four children, aged 19, 17, 14 and 5.

Phakathi said his wife was unemployed and she, along with the children, depended on him for maintenance and support.

He said he was self-employed and earned a living by selling logs for the family farm.

The accused added that he also earned additional income by assisting his father, who is a traditional healer. Phakathi said he was remorseful for the offence and that he had conveyed apologies to his family for having caused the death of his brother.

He further told the court that he had a good relationship with his deceased brother and that, even on the fateful day, his brother had bought him some beer and spirits, which they drank together while sharing a joint of dagga.

In passing sentence, Justice Mabuza said there are presently too many deaths which occur during and after imbibing alcohol.

Phakathi was then sentenced to seven years, without the option of a fine.

Two years were suspended for three years on condition he is not convicted of an offence in which assault is an element.

The sentence was backdated to January 4, 2009, when he was arrested.

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