A church pianist has been left scarred after a rival musician from his own congregation stabbed him in a fit of jealousy.
A church pianist has been left scarred after a rival musician from his own congregation stabbed him in a fit of jealousy.
Dumiso Vena, 54, was convicted of assault last week – behaviour the magistrate described as "not like that of a church-going person".
The Grahamstown grandfather, who works at Settlers' Hospital, stabbed rival church pianist Simphiwe Cangweni in a fit of jealous pique in December 2011.
The incident occurred in Mandela Street.
Both men regularly played the piano for the church – but the congregation preferred Cangweni's style.
It was alleged in court that Vena attacked Cangweni, jealous that he was more popular.
Cangweni, who was 36 at the time of the stabbing, had been left with permanent scars, according to State prosecutor Lungile Msutu.
Msutu said Vena's offence was one prevalent in the district and that it had been unnecessary for Vena to act in the manner he did.
He also pointed out that Cangweni had not sought revenge.
"He waited for the law to take its course," Msutu said. He had shown faith in the justice system.
Last Friday, Vena was convicted of assault with the intention to cause grievous bodily harm and sentenced to pay a fine of R10 000, or six months imprisonment, wholly suspended for three years.
Magistrate Ronny Lesele also ordered Vena to pay R5 000 as compensation to Cangweni. Lesele ordered Vena to pay R2 000 of the compensation on the day and pay the remaining balance in instalments, failing which he would be detained immediately.
Several conditions were attached to the sentence.
In the three years Vena should not be found guilty of assault; he must pay the compensation to Cangweni – the first amount of R2 000 immediately and the balance in instalments.
These amounts must be paid at the magistrate's court and he was declared unfit to possess a firearm.
In handing down the sentence, Lesele said the attack on Cangweni had been unprovoked. He said Vena claimed to be a church-going person, yet showed no remorse throughout the trial.
"Your conduct is not like that of a church going person," Lesele said. "You committed this act because of jealousy and the complainant has permanent scars."
Vena has two previous convictions, but one was more than a decade old and Lesele said he would not focus on them when dealing with the sentence.
Vena's lawyer told the court that he works at Settlers hospital in the pharmacy department.
He has a 16-year-old child and two grandchildren, aged 2 and 11.
The attorney appealed the sentence shortly after the proceedings, on the basis that there were inconsistencies in the version of the complainant; the sentence was excessive and harsh; the sentence over-emphasised the seriousness of the offence; the state witnesses contradicted themselves and that the court rejected his evidence as untrue.
Msutu said the witnesses were not present at the time of the incident and the accused had himself told them what had happened.
He said the witnesses were his fellow church members and he had no reason to fabricate the evidence.
Lesele said all the grounds of the appeal had been dealt with in the sentence, adding that he did not believe there were prospects of success of the appeal in another court, before dismissing the appeal.
