Durban – The Ntuzuma Justice of the Peace’s Courtroom discovered that 25-year-old Zwakele Mgobhozi is responsible of the homicide of his girlfriend.
Mgobhozi was on trial for the homicide of Treasured Pinky Yeni, 36, who can also be the mom of his baby.
He was handed 15 years imprisonment on Wednesday and deemed unfit to hold a firearm by the court docket.
He’s alleged to have stabbed and slit her throat after she had refused to have intercourse with him on a Sunday morning in 2021.
This occurred exterior her household residence in Amaoti, the couple lived within the storage of the house they shared with Treasured’s household.
Her sister, Promise Zinhle Yeni, witnessed her sister’s killing.
Justice of the Peace Ravi Pillay mentioned that the court docket had been happy that the proof of the State’s single witness within the homicide was credible.
“The court docket discovered her to be truthful and her proof was per wounds sustained by the deceased.”
Mgobhozi’s model was that he had discovered Treasured exterior when he awoke sitting on an unknown man’s lap and he acquired right into a combat with the person who drew out a knife.
He advised the court docket Treasured acquired stabbed throughout the altercation and he was the one who known as Promise to inform her that Treasured had been stabbed.
The court docket had heard how the night time earlier than the homicide the couple had been consuming alcohol collectively and later Mgobhozi allegedly compelled Treasured to have intercourse.
The couple acquired into an argument when Mgobhozi was demanding extra intercourse after they’d had 4 rounds forcefully within the morning.
He allegedly first hit Treasured with an iron backyard rake and she or he ran exterior, he chased after her and caught her exterior the place he drew a knife.
He stabbed her on her higher physique, and she or he fell to the bottom, he then got here from behind her pulled her chin up, and slit her throat.
Pillay mentioned Mgobhozi’s model was unbelievable and mentioned that he had additionally not offered the court docket with any proof to assist his model.
In sentencing, he mentioned that there had been no substantial and compelling circumstances offered by Mgobhozi’s defence for the court docket to deviate from the prescribed minimal sentence of 15 years.
Pillay mentioned whereas the legislation offered that the court docket might add 5 years onto the minimal prescribed sentence he wouldn’t be doing so.
“For the sake of the kid, I can’t add it, there’s a toddler within the image and he’ll ask questions someday and somebody must reply.”
Highlighting the seriousness and prevalence of gender-based violence, Pillay mentioned the courts needed to ship a powerful message that it’s going to not be tolerated.
“No matter affection and love he had for her vanished on that day he acted in that method. She had caught by him, taken him into her residence,” mentioned Pillay who described the way of the homicide as careless.
In aggravation of sentence, State Prosecutor Kaystree Ramsamujh mentioned femicide was a critical crime that was prevalent not simply within the Ntuzuma court docket jurisdiction however within the nation.
“The 2 had been collectively for 4 years, they’d a toddler collectively. One would have anticipated the accused to guard and nurture the deceased however he killed her … I ask the court docket to take the autopsy report into consideration, she didn’t simply have one damage, she had seven,” she mentioned.
In mitigation of sentence, Mgobhozi’s defence counsel B W Dlamini had pleaded with the court docket to think about suspending a portion of the sentence that may be handed right down to his shopper.
“Making an allowance for his youthfulness and that he’s a first-time offender, the accused is an effective candidate for rehabilitation. He has been in custody since 22 January 2022, I ask that the court docket considers this.”
Exterior court docket Treasured’s mom Phyllis Mdakane mentioned she yearned for Mgobhozi to really feel the identical ache she had felt.
“He deserves to even have his throat slit, to undergo what my daughter went by way of. Each time I’ve needed to see him in court docket I’ve simply wished to get my arms on him. My daughter has left behind seven kids, they’re beginning to bother me. All that is due to him.“
Promise mentioned the household was frightened about her sister’s kids, that the others would harbour unwell emotions and even hate in the direction of Mgobhozi’s baby.
“The kids since my sister’s passing have been combating, and I fear that someday they’ll activate the opposite one as a result of it was his father’s fault that they not had a mom”.