Kabelo Masoabi
THE High Court has sentenced 40-year-old Ts’eliso Chabalala to 10 years’ imprisonment or a fine of M20,000 after finding him guilty of culpable homicide for killing his brother, Bongane Chabalala, in 2018.
Chabalala, from Ha Sheshe village in Qholaqhoe, Botha-Bothe, was initially charged with murder for contravening Section 40(1) of the Penal Code Act of 2010, read with sub section (20).
However, he entered a plea of guilty to culpable homicide, which was accepted by the prosecution after evidence failed to establish direct intent to kill.
Evidence showed that on 18 January 2018, the two brothers quarreled over tobacco at their home.
In the ensuing altercation, Ts’eliso stabbed Bongane seven times on various parts of his body, including the neck and shoulders.
Bongane, aged 24 at the time, died at the scene.
Their late mother, Maboy Chabalala, stated in police reports that on that fateful night she was asleep in her room with her daughter, ’Mamosa, when Bongane arrived home holding a beer.
He asked for food and tobacco but became aggressive when they told him to serve himself. Ts’eliso then reprimanded his younger brother for speaking disrespectfully to their mother before both men left the room.
Moments later, Maboy was alerted by ’Mamosa that Bongane had been stabbed and she found him lying on the floor in a pool of blood.
’Mamosa corroborated her mother’s testimony, confirming that she was present when the brothers fought and that she had witnessed Ts’eliso stabbing Bongane in the stomach with a knife, causing him to collapse.
Police later collected the body and recovered a brown Okapi knife believed to be the murder weapon.
Ts’eliso was arrested and charged.
A post-mortem report concluded that Bongane died from heart failure due to excessive blood loss.
Last week, in mitigation, counsel for Ts’eliso urged the court to impose a lenient sentence, submitting that he was genuinely remorseful for his action.
The court heard that immediately after the incident, Ts’eliso made efforts to secure transport to take the deceased to hospital after realizing the seriousness of the injuries sustained.
It was further submitted that Ts’eliso bore all the funeral costs for his sibling’s burial.
The defense argued that Ts’eliso had saved the court’s time by entering a guilty plea. He was also a first-time offender.
In response, the prosecution argued that Ts’eliso could have used alternative, less violent means to reprimand his brother, submitting that the court should impose a sentence that sends a strong message to discourage acts of violence.
In delivering judgment, Justice Motebele said that although Ts’eliso did not intend to kill his brother, his actions amounted to negligence.
Absence of intent does not absolve liability where death results from negligent conduct.
