A Grahamstown woman who stabbed her boyfriend has pleaded not guilty to murder.
Ntombomzi Smile told the Grahamstown Regional Court that her late boyfriend, Bonakele 'Ta Soul' Ngqiyaza, had been the aggressor on the day he was stabbed.
A Grahamstown woman who stabbed her boyfriend has pleaded not guilty to murder.
Ntombomzi Smile told the Grahamstown Regional Court that her late boyfriend, Bonakele 'Ta Soul' Ngqiyaza, had been the aggressor on the day he was stabbed.
Smile took the stand in the murder trial this week and said she had stabbed the Nonzube Street resident in self defence.
The 31-year-old said Ngqiyaza had started assaulting her after she refused to have intercourse with him on the night of 25 July last year.
In his closing arguments, state prosecutor Mandisi Gwatyuza put it to Smile that she was the aggressor on the night of the incident. Smile chose not to answer the question.
When Gwatyuza told Smile that Ngqiyaza was unarmed when she stabbed him, Smile did not dispute this.
Gwatyuza said it was clear from the injuries on Ngqiyaza's body that he was defenceless when he was stabbed. He said it was clear that Smile intended to harm him.
Smile admitted in her evidence to taking the knife from Ngqiyaza and Gwatyuza said Ngqiyaza was not a threat after that point.
"She was the aggressor. She stabbed the deceased several times until he passed away," Gwatyuza said.
He said the state had proven its case beyond reasonable doubt.
Smile's attorney came to a very different conclusion, however.
She told the court her client had obtained a protection order against Ngqiyaza, "which shows what kind of a person the deceased was".
She said Smile had shown remorse for her actions.
The case had to be postponed early last week as Smile broke down during repeated cross-examination about the incident..
Her lawyer maintained that Smile acted in self defence when she took the knife from Ngqiyaza who had threatened to stab her in her private parts. She said Smile was terrified and had no other option but to act in self defence.
She said the police had taken a long time to respond to the call. Her client had felt her life was in danger and had to defend herself.
Smile was locked in the room, crying and calling for help, and Ngqiyaza was the aggressor during this period, the attorney said.
She pointed out that Ngqiyaza was in his own room in his home and asked the court to give her client the benefit of the doubt.
The lawyer said immediately after stabbing Ngqiyaza, her client ran out the door, crying, and went on to tell his family what had happened.
She said the state had not established guilt beyond reasonable doubt.
Magistrate Ronny Lesele will deliver his judgment on Friday, 23 January.
