R v Gadlela (54/1999) [1999] SZHC 3 (01 January 1999);

 

 

 

 

 

 

 

 

CASE NO.54/99

 

IN THE MATTER BETWEEN:

 

REX

 

VS

 

VELI CELIMPHILO GADLELA

 

CORAM : MASUKU J.

 

FOR THE CROWN : MS S.W. NDERI

FOR THE ACCUSED : IN PERSON

 

 

JUDGEMENT ON SENTENCE

 

 

You have been convicted of culpable homicide for death of Thobile Msweli. Life is a precious gift from God which is jealously guarded by the law. For that reason, it is imperative that stiff sentences be meted out in cases involving the death of another human being.

 

In considering the appropriate sentence, I have taken in your favour, the following factors.

 

1. Your plea of guilty

2. The confession you made

3. Your remorse

4. The impact that the death of your girl friend will have upon you for the

rest of your life.

5. That you have some dependents

6. Not intentional but out of anger

7. The provocation

 

This does not however ameliorate the fact that this is a very serious crime. What makes it the more reprehensible is the fact that you concealed the deceased’s corpse and later lied when asked about the deceased’s whereabouts. When the deceased’s corpse was found some 15 days later, it had reached an advanced state of putrefaction. It could even have been eaten by dogs. Your behaviour in this regard must be viewed in the most serious light and I regard it as reprehensible. When you commit an offence run to and not away from the law.

 

This Court has dealt with many of cases of women who die at the hands of their loved ones. Just this morning, I was dealing with such a case. I consider that you were highly incensed by your lover’s infidelity but the chastisement you meted out to her was clearly immoderate and indiscriminate. It appears that some sensitive parts of the body like the head were affected.

 

Men in this country must learn that women are not their punching bags. Even if a woman has wronged you, there are recognised traditional ways of handling the matter, like reporting to her family. In your case since you were not married, you could have easily jilted her there and then.

 

Women, like men are flesh and blood. There is a deep seated erroneous belief that women are chattels and can be treated any how with impunity. This Court is there to protect those less endowed in terms of muscles and physical strength. Swazi men must have a change of heart and attitude. Learn to keep your anger in check.

 

In the circumstances, I consider a sentence as follows:-

 

7 years imprisonment, two of which are suspended for three years on condition that you do not, within the time of suspension, commit an offence of which violence to the person of another will be an element and it is so ordered.

 

The sentence will be backdated to 20/5/98.

 

T.S. MASUKU

JUDGE