Mfanasibili Clement Msimango was recently sentenced by High Court Judge Nkosinathi Maseko to 40 years in jail for killing his brother Vusi Msimango while at their parental home, Lugongolweni in the Lubombo region, on suspicion that the latter had stolen Mfanasibili’s dagga.
The illegal herb was stored in a five-litre container kept in the main house.
Mfanasibili assaulted his brother with a crowbar and left him for dead in the early hours of the morning.
According to the court’s finding, Mfanasibili never solicited any medical assistance for his badly injured brother.
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During the trial, the convict raised the defence of provocation and intoxication.
Judge Maseko concluded that the defence of provocation of the alleged theft was not proven.
However, that intoxication was accepted by the court and treated as an extenuating circumstance.
Extenuating circumstances were defined by the court as those factors that reduce the moral blameworthiness of an accused person who has been convicted of murder.
The matter was heard on April 15, 2024, and judgement was issued on April 17, two days later and the sentence was delivered last week Monday, May 6.
Before pronouncing the sentence, the judge took into account that there existed extenuating circumstances because Mfanasibili had been imbibing since 11 am on February 15, 2022, until the early morning of February 16. 2022, at 1 am when he committed the murder.
“Even though I made a finding of legal intention to murder his brother it is undisputable that he had consumed a lot of liquor leading to the murder in question,” Judge Maseko pronounced.
Defence Counsel for the accused, during mitigation, submitted that the accused was a first-time offender, 44 years of age, and with three minor children who depend on him for support.
