Live updates from the courthouse in Butterworth (where Nkosinam Xabadiya is about to be sentenced for murdering Sandiswa Mhlawuli) from Sonkes Patrick Godana: 10/7/14 10:00 : Court is now ready to proceed... the defendant just arrived now ...waiting for the magistrate 10/7/14 10:03 : In court are the media people including the SAPS news team,the family of the accused and a large contingent of Sonke community action teams 10/7/14 10:07 : The court had to adjourn as the charge sheet is not with the other state documents 10/7/14 10:38 : Resuming now... the state against Nkosinam Xabadiya ... for the defence pre sentencing A DCS official in the witness box reads the act regarding correctional supervision Resuming now the state against Nkosinam Xabadiya as it reminded for the defence pre sentencing A DCS official has taken 5 he stand reading the act regarding correctional supervision. 10/7/14 10:45 : Arguing that he has no previous offence and has been assessed to be fit mentally and physically... She (says they) approached the mother of the deceased who opposed his serving correctional supervision as the murder was premeditated and said he does not show any remorse and she is scared Xabadiya might even kill them and the children. She says they also visited the family of the accused as well and he has strong support from his family who even went to apologised to Sandiswa Mhlawuli family even paid some costs during the funeral. ... 10/7/14 10:49 : The social worker suggested that the accused should be sent to jail because he is young. 10/7/14 10:52 : Had give reasons that he is young and contributed in the funeral arrangements and also a first time offender. Therefore can also be fitting for correctional supervision but would like him to serve part of his sentence and later be under supervision 10/7/14 10:54 : Asked about the drinking challenges and the children age and their plight 10/7/14 11:00 : The defence says Xabadiya is a first time offender and a law abiding citizen and a responsible person. When he learnt that the deceased is no more he says he broke down. 10/7/14 11:02 : Says he accepted the responsibility from the onset and therefore submits to court to rehabilitate him to be a responsible person. Pleading the court to be fair as this happened in the spur of the moment 10/7/14 11:06 : Also asks court to take into account that he also contributed to the funeral saying we accept that the family lost their child and children lost a mother and aware that society wants to see justice but we are saying the court should not approach sentencing with anger, should apply humaneness. We accept that this case has lot of pressure 10/7/14 11:09 : We submit that the accused has not been that brutal it was the mistake. We agree that custodial sentencing is fitting but also be fair to good part of the accused. 10/7/14 11:09 : The defence attourney is now taking to his client. 10/7/14 11:14 : The state now takes the stand saying the accused has committed a serious crime...We take note that the accused killed Sandiswa during 16 days of non violence [against women and children]. Also the deceased died with a copy of a protection order in her hands and the community is looking upon courts to pass a detailed type of sentence that will give a message not only to the accused but other offenders out there. 10/7/14 11:16 : The state pleads that the court should give an appropriate sentence 10/7/14 11:18 : The community is looking upon the courts for justice 10/7/14 11:22 : Act276 1i as quoted by the DCS official who is a social worker. 10/7/14 11:23 : The state argues that the court is a living organism. We watch TV and listen to radio and read newspapers we listen to the plight of the society 10/7/14 11:28 : The magistrate gives her summary by giving the provision of the act. Should consider four things: Nature of the offence. Community needs. Children and also your needs as well. 10/7/14 11:32 : This case is horrific. You killed an innocent soul. You bullied your partner demanding her phone and ultimately stabbed her five times...this is common in SA and the world at the large. We need to send a message to women and girls out there that when they feel threatened, they should leave such relationship ...If it was not for your actions the children would have had their mother alive... Stay tuned here for more updates... [Photos by Patrick Godana]
Posted on: Tue, 07 Oct 2014 09:13:33 +0000
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