MBABANE – Sipho Shongwe, convicted of killing Victor Gamedze, is back in court today and is expected to parade a psychologist in his bid for a lesser sentence.
It has been 20 months since Shongwe was found guilty of murder by Judge Nkosinathi Maseko, on October 18, 2023. After being convicted, Shongwe did away with his legal team and is currently represented by Sanele Mabila in the last leg of the trial.
The purpose of Shongwe’s appearance today and tomorrow is for submissions on extenuating circumstances (which reduce the blameworthiness of an accused if found to be present) and mitigation.
This process will involve the testimony of the psychologist on the personal circumstances of Shongwe, who will be cross-examined by the Crown.
There have been delays in the matter ever since Shongwe parted with his legal team after his conviction following a trial that began on May 28, 2019. The Crown, represented by Advocate Michael Hellens, assisted by Principal Crown Counsel Macebo Nxumalo, led 47 witnesses.
Gamedze was shot twice in the head, at close range, while at Ezulwini Galp Filling Station on January 14, 2018, by Mbuso Ncaza Nkosi, who was killed during a shootout with the police in the Republic of South Africa.
Gamedze was returning from Somhlolo National Stadium, where Mbabane Swallows Football Club was playing against Manzini Wanderers Football Club, when he was shot by Nkosi, who told the court that he had been hired from Soweto, South Africa by Shongwe.
emotionless
“The shooting to death of Gamedze at so much close range indeed even in this case as like a scene from a mafia film – tragic, emotionless and comical – only that it was real and serious.
“This is the best way to describe the tragic death of Victor Gamedze as a result of trans-border organised syndicates, involving the accused Sipho Shongwe, his friend Farouk Meyers, Dzodzo and the two, ‘Ncaza’ and ‘Tata’.
“I believe that the accused and Farouk Meyers knew each other in the criminal underworld. There is no reason why ‘Ncaza’ and ‘Tata’ would implicate Farouk and the accused out of the blue.
‘‘Nkosi also testified that while they were in prison, Farouk himself tried very hard to influence Nkosi to change his mind and not testify by offering him R300 and to testify that it was not Nkosi who shot Victor Gamedze but ‘Tata’ and then he (Farouk) was going to make a plan that ‘Tata’ dies wherever he was. Nkosi testified that he then called ‘Tata’ and alerted him of Farouk’s threats,” read part of the judgment. The judgment on conviction took the judge seven hours to read from just after 10am until after 6pm.
execution
Meyers was an underworld kingpin who was shot execution style in South Africa last year during the course of the trial.
At the time of Farouk’s murder, Ngubane was in Eswatini to testify and Nkosi was still in prison in the neighbouring country.
Judge Maseko said the Crown’s evidence was overwhelming against Shongwe and the evidence of Nkosi and Ngubane was credible. The judge stated that their evidence was sufficiently corroborated. He said the accomplice witnesses, Nkosi and Ngubane, also corroborate each other and did not contradict themselves in material respects.
Any contradictions pointed out in their oral testimonies in court vis-à-vis their written statements, according to Judge Maseko, did not in any way affect the elaborate planning and their coming to Eswatini to kill Gamedze in the manner they did, after hunting him for three days, from Friday (January 12, 2018) until Sunday (January 14, 2018) when they eventually found and killed him at the Galp Filling Station in Ezulwini.
corroborated
“That evidence remains credible, trustworthy and is corroborated by the CCTV footages, the telephone records and conversations with various witnesses and the exhibits that were produced in evidence by (Senior Superintendent Sikhumbuzo) Fakudze and his team.
“As regards the testimony of ‘Ncaza’ and ‘Tata’, I am convinced that they testified truthfully and never exaggerated the role of ‘Dzodzo’ and the accused in this matter, and, therefore, I grant them immunity from prosecution.
“The Crown has proven its case against the accused beyond reasonable doubt and he is found guilty of the murder of Victor Gamedze on January 14, 2018 at the Galp Filling Station, Ezulwini as charged and indicted by the Crown,” said the judge.
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