Ennerdale dad who ‘accidentally’ shot son released on warning

The man who accidentally shot and killed his son at Fred Norman High School in Ennerdale in Johannesburg was released on a warning by the Lenasia Magistrates’ Court today.

“The facts of the case are common cause between the state and the defence […] the applicant has convinced me that he is eligible for bail,” magistrate Maggie van der Merwe said.

“I can only describe this incident as a tragedy and judging by the applicant’s display of emotions, it’s an incident that will impact them for the rest of their lives. The applicant has handed himself over to the police and cooperated with the police.”

She said the director of public prosecutions (DPP) would decide whether the matter should proceed or not.

On Tuesday, Sibusiso Tshabalala, 51, was sleeping in his vehicle while waiting for his son, Luyanda, at evening classes after school. He explained to the court that he fell asleep in his car and was woken up by a loud noise and tampering with the car, which was when he thought he was being hijacked, and he drew his firearm and shot, only to hear his son screaming: “Daddy, it’s me!”

He said it was dark outside, and wasn’t able to see that it was his son.

Tshabalala handed himself over to the police following the incident.

Earlier, The Citizen reported there had been stories of an altercation between the father and his son earlier in the day.

Sibusiso Tshabalala, the father who is accused of shooting his son at a school in Ennerdale is pictured seated inside the dock at the Lenasia Magistrates Court, 7 June. He was released on a warning. Picture: Tracy Lee Stark

EWN reported that Gauteng MEC of education Panyaza Lesufi, who was present in court today, has gone on record saying a security guard who witnessed the shooting disputes Tshabalala’s version of events.

“The security guard that observed this altercation indicated that the father, during the exchange, left his cellphone, and when he came back he indicated that he shot the learner. But we’re just waiting for the court appearance and the police to assist us in getting an appropriate story.”

For now, though, he has been released with a warning, and whether or not the DPP will open up a case remains to be seen.

READ MORE: Ennerdale father who ‘mistakenly’ killed son to be tried for murder

MEC for education Panyaza Lesufi is pictured seated at the Lenasia Magistrates Court, 7 June. He was attending the case of Sibusiso Tshabalala, the father who is accused of shooting his son at a school in Ennerdale Picture: Tracy Lee Stark

Tshabalala was joined by his wife in the dock and broke down in tears before proceedings began. He is facing a charge of murder.

“The state has indicated that this was not a premediated murder, hence it is a schedule five offence,” Van der Merwe said.

Earlier, she explained Tshabalala’s rights, and asked if he understood.

“This is the first and painful mistake,” he responded.

Defence lawyer Chwewe Machaka read Tshabalala’s affidavit which stated that he was a security guard employed by the South African Police Services in Krugersdorp for the past five years, earning R10 000 per month and that he had three dependants who were still in school. He said his wife was unemployed and also depended on him.

“I wish to be released on bail so I can bury my son in dignity. This incident will haunt me for the rest of my life,” Tshabalala said through his affidavit.

State prosecutor Tumi Maunye said, according to investigating officer Bruce Chauke, Tshabalala has no previous convictions, and there was no reason to believe he would not attend proceedings.

The matter was postponed to July 24.

– African News Agency (ANA)

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