MBABANE – Sipho Shongwe has been given 14 days by the Supreme Court to file a fresh notice of appeal against his conviction and 50-year prison sentence for the murder of businessman Victor Gamedze.
This follows the striking off the roll of his existing appeal during proceedings before Judges Sabelo Matsebula, Nkululeko Hlophe and Margriet van der Walt.
In its order, the court granted Shongwe leave to file a proper notice of appeal afresh, together with the necessary application for condonation, within 14 days of the date of the order.
This means he must formally institute his appeal again by submitting a properly prepared notice of appeal. He must also apply for condonation, asking the court to excuse any failure to comply with procedural requirements, including prescribed time limits.
The decision to strike the appeal off the roll does not mean that the Supreme Court dismissed it after considering its merits.
In legal proceedings, striking a matter off the roll means removing it from the list of cases scheduled to be heard. It is different from dismissing an appeal after considering the arguments and ruling against the appellant.
In Shongwe’s case, the court expressly allowed him to take steps to bring the appeal properly before it by filing the fresh notice and condonation application within the stipulated period.
Shongwe is challenging his conviction and the 50-year imprisonment sentence imposed by Judge Nkosinathi Maseko on July 31, 2025. He was convicted of murdering Gamedze, who was shot dead at Ezulwini Galp Filling Station on January 14, 2018.
His appeal raises several issues concerning the evaluation of evidence, the application of legal principles and the fairness of the trial.
Among the grounds is the evidence of the late Mbuso ‘Ncaza’ Nkosi and Simphiwe ‘Tata’ Ngubane, who testified as accomplices under the indemnity provisions of Section 234 of the Criminal Procedure and Evidence Act.
Shongwe argued that their testimonies did not establish that he instructed them to kill Gamedze.
Nkosi testified that Shongwe directly instructed him to kill Gamedze for E80 000. Ngubane, however, maintained that their assignment was to rob Gamedze because he was believed to keep money in his vehicle.
Shongwe argued that the differences between their accounts were material because they concerned the alleged instruction to kill, which was central to the murder conviction. He also challenged the manner in which the trial court treated their evidence, arguing that it did not provide adequate corroboration.
Another issue concerns alleged prosecutorial misconduct and late disclosure of evidence, which Shongwe claims affected his right to a fair trial.
His heads of argument identified documents and evidence allegedly disclosed to the defence only after proceedings had commenced, including photograph albums, witness statements and investigative reports.
He also questioned the credibility findings made by Judge Maseko concerning a witness who had testified before Judge Mbutfo Mamba, who recused himself from the proceedings on June 3, 2019.
Regarding sentence, Shongwe argued that the 50-year term was disproportionate and induced a sense of shock. He maintained that the court placed excessive emphasis on the seriousness of the offence without sufficiently considering his personal circumstances and sentences imposed in comparable murder cases.
The Crown maintained that the evidence was sufficient to sustain the conviction and sentence. It argued that the accomplice testimonies were corroborated by CCTV footage, cellphone records, movement logs and other witnesses.
The prosecution also defended the 50-year sentence, arguing that the premeditated nature of the killing justified the punishment.
Shongwe is represented by Sanele Mabila, who instructed Advocate Twain Ngwenya, while Principal Crown Counsel Macebo Nxumalo appears for the prosecution.
