MBABANE – The High Court has issued a sentence of 38 years for a man who was involved in a fight during a drinking spree where he killed two men and injured one.
Judge Bonginkhosi Magagula found that Siboniso Hlatshwako was responsible for the murder of Wandile Mavuso and Ncamiso Motsa, as well as the attempted murder of Sicelo Mavuso.
Judge Magagula handed down the sentence after the court had convicted Hlatshwako on the three counts on March 18, 2026. The court subsequently considered submissions from the Crown and the defence on aggravating and mitigating circumstances.
The court imposed 15 years imprisonment for the murder of Wandile, 23 years for the murder of Motsa and 10 years for the attempted murder of Sicelo. The sentence for the attempted murder was ordered to run concurrently with the sentence for the murder of Wandile. The two murder sentences were ordered to run consecutively, resulting in an effective term of 38 years.
The court also ordered that the sentence be backdated to November 26, 2019, in accordance with Section 16(9) of the Constitution. This provision requires any period spent in lawful custody before the completion of trial to be taken into account when imposing a sentence of imprisonment.
In its submissions, the Crown argued that the murders involved the taking of two lives in a single night and that knives were used to inflict fatal injuries to vital organs. It submitted that both deceased persons had been unarmed and defenceless and that the selection and use of a knife demonstrated a high degree of cruelty.
Regarding the attempted murder of Sicelo, the Crown submitted that the victim was unarmed and that Hlatshwako had shown a lack of remorse by failing to seek or provide medical assistance. The Crown sought substantial custodial sentences and argued that the sentences should run consecutively because the second murder followed a separate journey to Ndimbaneni.
The Crown, represented by Sibusiso Phakathi, further relied on sentencing authorities dealing with proportionality, murder and attempted murder. It submitted that a sentence exceeding 20 years was justified for the murders and argued that the attempted murder warranted a custodial sentence of between five and 15 years. It also submitted that there should be no option of a fine.
The defence presented several factors in mitigation. The court was told that Hlatshwako’s biological father had been bedridden for approximately two years and that Hlatshwako is asthmatic and requires an inhaler. The defence also relied on his period of pre-trial incarceration, intoxication at the time of the offences, his eventual voluntary surrender to police and circumstances surrounding the altercations.
The defence submitted that the sentences should run concurrently because the three offences occurred on the same night, in the same area, and formed part of one transaction. It also argued that some of the fatal stab wounds were not inflicted by Hlatshwako and that he had been attempting to separate Wandile Mavuso and another person during the initial confrontation.
The court, however, found no extenuating circumstances on either murder count. In considering the circumstances surrounding the death of Wandile, the court noted that Hlatshwako had joined the confrontation and applied a sustained throttle-hold to his neck while another participant inflicted the stab wounds.
Judge Magagula found that Hlatshwako’s participation was serious and causally significant, although he was not the person who inflicted the fatal stab wounds. The court held that his role did not amount to extenuating circumstances, but it materially affected the sentence imposed on that count.
The court also considered the defence’s reliance on intoxication. Hlatshwako had been drinking at Nicks Bar from about 8pm until midnight. “There was no evidence establishing that the alcohol had impaired his judgment to a material degree. The coordinated nature of the offences, involving three victims and two locations, was inconsistent with a materially impaired state of mind,” Judge Magagula stated.
Hlatshwako’s surrender to police was treated as a modest mitigating circumstance. The court noted that he had remained at large for 17 days before surrendering. While his eventual voluntary surrender and handing over of the weapons reduced the weight of the aggravating factor, the period of flight remained relevant to sentence.
For the attempted murder, the court accepted that Sicelo had struck Hlatshwako first with a bottle.
However, it found that the response, involving a knife wound to the head, was disproportionate to the threat posed. The circumstance therefore affected sentence but did not provide a defence to the charge.
The court also distinguished between the two murder counts when determining the appropriate sentences.
It found that the murder of Wandile arose from the initial episode at Nicks Bar and involved Hlatshwako acting in common purpose with another participant. The murder of Motsa, however, followed a deliberate journey to Ndimbaneni, where Hlatshwako was the direct and sole author of the fatal wounds. Judge Magagula held that this difference in culpability justified a materially lower sentence on the first murder count. The court, therefore, imposed 15 years for Wandile’s murder and 23 years for Motsa’s murder.
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