A man linked to the notorious “26” prison gang has been sentenced to 24 years imprisonment without the option of a fine for the brutal murder of a Siphocosini resident in 2020.
Judge Bongani Dlamini delivered the sentence emphasising that the courts would no longer show mercy to gang affiliated offenders who continue to terrorise communities and take human life without remorse. The accused, Themba Mbuli, appeared for sentencing following his conviction for the murder of Sibusiso “Smally” Ngwenya, who died after being stabbed at least five times with a sharp object on November 20, 2020.
| Eswatini Observer WhatsApp Channel
According to the post-mortem report, the deceased sustained stab wounds on critical areas of the upper body, injuries which he could not survive.
During the sentencing phase, both the Crown and the defense filed written submissions. The defense pleaded with the court to consider what it termed “extenuating factors” which, in their view, should reduce the severity of the sentence.
Among the factors raised was the claim that the accused was young and immature at the time of the offence, having been 26-years-old in 2020. The defense argued that the accused had since turned his life around, found religion, become active in community projects and received support from his pastor. They also submitted that he was married with one minor child and that imprisonment would negatively affect his family.
However, the court found these arguments insufficient to outweigh the seriousness of the offence, particularly in light of the accused’s apparent association with the 26 gang. The Judge noted that the community of Siphocosini needed protection from individuals who operated with the brazen and violent tendencies commonly associated with gang culture.
“The accused has not convinced the court that he has permanently disassociated himself from the rogue idea of being a member of the 26 gang,” the judge stated, adding that gang-related killings had become alarmingly common in the country.
ALSO READ | Five bold moves to end digital GBV
The Crown submitted that murder cases had risen sharply in recent years, especially in local drinking spots, and courts were now expected to impose heavy, deterrent sentences.
“The society of Siphocosini needs protection from the likes of the accused, who do not treat human life with the sanctity it deserves,” the Crown submitted.
The judge agreed, noting that the nature of the killing, the number of stab wounds and the deliberate targeting of vital parts of the body revealed a level of brutality that could not be ignored.
Furthermore, the court remarked that the accused had not convincingly shown remorse for his actions.
Despite acknowledging the accused’s personal circumstances such as his marriage, fatherhood and self-professed attempts at reform, the court held that the seriousness of the offence and the potential threat posed by his continued gang alignment made a lengthy custodial sentence necessary.
“The offence ranks among those placed on the top shelf in terms of seriousness. Human life was taken senselessly, and the law must respond firmly,” the judgment reads.
The court sentenced Mbuli to 24 years imprisonment without the option of a fine. The sentence is to be backdated to reflect any time he has already served while awaiting trial.
Eswatini Observer Press Reader | View Here
