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THE Esigodini man who fatally stabbed another man with an Okapi knife for restraining him from assaulting his cousin over $1, has been sentenced to 30 years in prison.Justice Lawrence Kamocha sitting with assessors Mr Jongilizwe Sobantu and Mrs Isabel Mashengele, found Khululiwe Mema (31), of 122 Habane Township guilty of murder with actual intent.
The court however found extenuating circumstance in that Mema was moderately drunk when he committed the offence.
Justice Kamocha said Mema was lucky to escape capital punishment or life imprisonment.
“I considered that you are a family man and you paid funeral expenses. However, you started the trouble by tearing somebody’s $1. There was a fight but you followed the deceased two hours later which shows that you did not want this matter to end amicably.
“You showed no remorse but instead chose to lie to the court yet life was lost unnecessarily. Your conduct was despicable and you are lucky to escape capital punishment. What has worked in your favour is that you delivered just one blow. You are therefore sentenced to 30 years imprisonment,” said Justice Kamocha.
He said Mema had given conflicting versions of his case, proving that he was bent on lying to defend himself. Mema’s pro deo lawyer Mr Dumisani Dube, of Cheda and Partners in mitigation had submitted that his client had paid $1 500 and two beasts.
The State case was that on 1 July 2012, at about 9pm, Mr Thulani Nyathi, Mema and Mr Leonard Mpofu were at Habane Beer Garden in Esigodini drinking beer.
Mr Mpofu then took out $1 and went to the counter intending to buy beer but Mema snatched and tore it. A fist fight ensued between Mr Mpofu and Mema.
Mr Nyathi intervened and hit Mema with an empty bottle twice on the head. Two hours later when the late Mr Nyathi had retired to bed, Mema followed and stabbed him once on the abdomen in front of his wife.
Mema removed the knife and fled from the scene leaving the late Mr Nyathi lying in a pool of blood. Mr Nyathi was rushed to Esigodini District Hospital where he later died as a result of the injuries sustained.
Ms Nokuthaba Ngwenya from the Attorney General’s Office represented the State.
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