The defence and the state on Monday wrapped up their closing arguments in the trial of Sindisiwe Manqele, who is accused of murdering her Hip Hop artist boyfriend Nkululeko “Flabba” Habedi, in the High Court sitting at the Randburg Magistrates’ Court.
State Prosecutor Paul Schutter told the court that it was common cause that Manqele called a cab driver, but the question was why she didn’t want to go with him?
“Her jealousy was the reason why she didn’t want to leave with the deceased,” Schutter said.
“At the end of the day the court must make a decision on what happened when she stabbed him.”
Schutter said the court should make a decision based on how Manqele got the knife from Habedi, how she got away from him when he was on top of her.
“It’s either improbable or she’s contradicting herself,” Schutter said. “If her version is believed that she was tortured, it would be expected that she would’ve fled the room immediately.”
Schutter added that Manqele’s actions – having time to get boxers as well as “helping” Habedi – weren’t the actions of someone who feared for their life.
Judge Solly Sithole pointed out that Manqele previously told the court that there were two primary reasons for her boyfriend’s behaviour – jealousy and his financial insecurity.
“I understand the struggle for the knife, it may be third factor,” said Sithole. The judge said whenever the pair argued it was primrily about jealousy and Habede’s weak financial position “because he would mention it whenever they argued”.
This was a crime of passion by two people who were in love and it’s characterised by unpleasant exchanges to the point of Manqele sending a message to Habedi about his girlfriends and it reached his mother, this may be a building block to the crime that was committed that night, Sithole said.
Schutter stated that it was clear that Manqele and Habedi were in a serious relationship, and that it was relative to show motive of the crime.
“It might be that both of them had reason to attack each other but at the end the deceased has died and the accused had the weapon in her hand … has she justified for her actions?” asked Schutter.
He stated that the credibility and probability findings of the evidence she had given needed to be considered, and that she foresaw the probability that Habedi would die.
Wrapping up the defence, Advocate Norman Makhubela said he didn’t think there was any evidence that Manqele’s actions were a result of passion, but those of fear and that her life was threatened.
“She has expressed her love for Habedi and explained her actions thereafter. What greater love can surpass that?” asked Sithole.
Later Schutter said that the state had addressed the issue of “intention” because of the evidence that Manqele brought forward.
“She stated that she intentionally stabbed Habedi,” Schutter said.
Judge Sithole adjourned the court to 9 December 2015 for judgement.
– African News Agency