NELISA JAILED 15YRS FOR CROWN COUNSEL’S MURDER

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.

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