THE HIGH COURT OF SWAZILAND
Case No. 174/95
the matter between:
S.W. Sapire A.C.J.
THE CROWN Mr.
THE DEFENCE Mr. S. Maphalala
Sifiso Mtsetfwa, you have pleaded guilty to homicide for killing Muzi
Zwane by assaulting him with a knobstick and there have been agreed
facts between your counsel and the counsel that represents the Crown.
view of this I find that you have committed the offence and I
accordingly find you guilty of the offence.
have been found guilty of culpable homicide on your own version. I
have been told that you have no previous convictions and you appear
to be a decent citizen. I am quite sure that if you had not been
attacked you would not be standing here today. What worries me about
the evidence is that it does not make quite clear whether or
you were still threatened when you used the stick but I must remind
myself that if you had been threatened you would not have pleaded
guilty to culpable homicide, you may have been acting in self
find that you were subjected to severe provocation. It would be
unfair on you to treat you as a man who had time to think and to
contemplate what he was doing. It is on the other hand clear that you
used force which brought about the death of this person after the
danger had passed and your assailants had been put to flight. The use
of force was excessive in the circumstances. 'As you were not the
aggressor, it would be inappropriate to have you spend any time in
prison but on the other hand the word cannot go out that the killing
of a person cannot remain unpunished. There is also no point in
imposing a fine. I am inclined to agree with what your counsel has
suggested that you should receive a suspended sentence.
will recognise that you are a first offender and that you have
apparently had no previous brush with the law, certainly as far as a
criminal record is concerned.
will be sentenced to three years imprisonment. This sentence will be
suspended for three years on condition that you are hereafter not
found guilty of a crime involving the killing of a human being or of
an assault with intent to do grievous bodily harm to a human being
committed during the period of the suspension.