Mpumalanga High Court sentences former by-law enforcement officer
Mbuyane was sentenced in the Mpumalanga Division of the High Court today. According to the National Prosecuting Authority's regional spokesperson, Monica Nyuswa, the conviction relates to an incident that occurred at Kwanyoni Lodge near Mbombela on April 15, 2023.
'The accused became suspicious of his wife's whereabouts after multiple unanswered phone calls. He tracked the vehicle she was driving using a GPS tracking device, which led him to the lodge. Upon arrival, he identified the room where the vehicle was parked. After knocking and not receiving a response, he forcibly entered the room by kicking the door open. Inside, he found his wife and Nkosi naked in bed,' she said.
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Nyuswa said an altercation ensued, prompting the wife and Nkosi to flee the room. The accused pursued them and shot Nkosi in the head and shoulder, before fleeing the scene. He later handed himself over to the police. The case docket was handed to the Hawks' Nelspruit-based Serious Organized Crime Investigation Unit for further investigation.
'During court proceedings, the Mbuyane pleaded guilty to murder and housebreaking. However, the State rejected the plea because the murder was premeditated. The matter proceeded to trial. State advocate Senzo Zindela led compelling testimony from the accused's wife and an eyewitness, both of whom corroborated the events leading up to the murder. In mitigation, the accused claimed he had no intention to kill and had merely sought to confront his wife,' said Nyuswa.
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She also said after evaluating all the evidence presented, the court convicted Mbuyane on both charges. During Mbuyane's sentencing, the court considered that the accused had been in custody since his arrest. He was sentenced to five years' imprisonment for housebreaking and 12 years' imprisonment for murder. The sentences will run concurrently, resulting in an effective sentence of 12 years. The accused was also declared unfit to possess a firearm.
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