This comes after Khumalo shot and killed Falakhe Sibiya Sithole at a tavern in Duduza on 17 June 2017. The court heard evidence that Khumalo and Sithole (who was a patron at the tavern) had an argument earlier that evening and that Khumalo (before entering the tavern) told his former girlfriend to hide his firearm, so that it can be taken inside. Sithole received a fatal gunshot from Khumalo in the early hours of the morning.
His body was dragged from where the shooting occurred and placed in Khumalo’s car, only to be discovered later where it was disposed of in a field of a remote area in a neighbouring town. After Khumalo was arrested by the police, he was charged with murder, possession of a prohibited firearm (where the serial numbers have been altered) and possession of an unlicensed firearm.
A lengthy trial commenced on 9 July 2018 during which among others, three witnesses (one of which Khumalo’s former girlfriend) were called to the stand. They delivered testimony of how the events played out on the evening of the murder, but when they were called respectively, state prosecutor Byron Peek indicated that the state is prepared to offer them indemnity in terms of Section 204 of the Criminal Procedure Act.
Thereafter, a trial-within-a-trial was held regarding the admissibility of material evidence that was discovered inside Khumalo’s vehicle.
In delivering his sentence, Mr Voogdt addressed Khumalo and said the court must have due regard for the main pillars of sentencing, namely rehabilitation, retribution, prevention and deterrence.
“You are a first offender Mr Khumalo and these aspects the court take into consideration in your favour, but you have been convicted of a serious offense. The circumstances of this matter indicate a high degree of callousness and a lack of respect for your fellow man’s life,” Mr Voogdt continued.
He told Khumalo that a clear message must be sent to other offenders that crime and murder specifically, will not be tolerated and will be met by the full force of the law.
On the count of murder, Khumalo was sentenced to 15 years imprisonment and on count 3 (possession of a semi-automatic firearm), he was sentenced to 15 years imprisonment. Both are to be served separately. Khumalo was also declared unfit to possess a firearm.
Indemnity was granted to the three witnesses, who have met the criteria as stipulated in Section 204.
