A Xolani woman who stabbed her boyfriend in his room in July last year has been sentenced to 15 years in prison.
Ntombomzi Smile appeared dumbfounded when magistrate Ronny Lesele sentenced her to 15 years imprisonment in the Grahamstown Regional Court on Friday, 23 January.
A Xolani woman who stabbed her boyfriend in his room in July last year has been sentenced to 15 years in prison.
Ntombomzi Smile appeared dumbfounded when magistrate Ronny Lesele sentenced her to 15 years imprisonment in the Grahamstown Regional Court on Friday, 23 January.
Lesele convicted Smile for the murder of Xolani resident Bonakele 'Ta Soul' Ngqiyaza and moments later sentenced her.
Smile was arrested and charged with Ngqiyaza's murder on 25 July last year.
Handing down his judgment Lesele said it was clear from Smile's evidence that she was stronger than Ngqiyaza.
He said this was because on two occasions, she had managed to overpower him, taking a stick away from him.
On the second occasion she'd managed to take a knife from him.
Lesele said it was also clear Smile had sustained no serious injuries from the altercation.
He said appearance of the wounds on Ngqiyaza's body was inconsistent with Smile's version.
"It's clear they were standing when he was stabbed," Lesele said.
Lesele rejected Smile's evidence as false, saying she had clearly acted beyond self defence.
During the trial, state prosecutor Mandisi Gwatyuza called two witnesses, Nombulelo Manyathi and Nomathamsanqa Ngqiyaza.
Both are related to the late Ngqiyaza.
Gwatyuza also presented documentary evidence in the form of the post-mortem results; medical report and photos depicting Ngqiyaza's body in his room.
In mitigation of sentence, Smile's attorney Noncedo Fololo said Ngqiyaza had locked Smile into his room and they were both drunk.
Fololo said Smile had been granted a protection order against Ngqiyaza.
Fololo said Smile had not planned to kill her boyfriend.
Fololo argued that if Smile had not been drunk on that day, she wouldn't have murdered Ngqiyaza.
The couple argued in Ngqiyaza's room behind his Nonzube Street house leading to Ngqiyaza's death.
In her defence, Smile told the court that an infuriated Ngqiyaza swore at her, calling her names as he punched her with his fists and tried to strangle her.
A short while into the fight, Smile claims, Ngqiyaza took a stick and started beating her with it before she managed to overpower him and get the stick from him.
She told the court she threw the stick away as they continued to struggle.
At this point, she said, Ngqiyaza grabbed a knife on a table next to his bed and tried to stab her; however, she held on to the hand holding the knife.
They continued to fight for possession of the knife.
Smile said she eventually managed to overpower Ngqiyaza and gained possession of it.
She told the court that she stabbed Ngqiyaza once in the chest.
In court it emerged that Smile had several previous convictions, including one for murder in 2003.
She had been sentenced to seven years imprisonment, which was wholly suspended for five years, and ordered to do three years of community service.
In 2010 she was convicted of malicious damage to property and given the option to pay a fine of R1 000 and a five-month suspended prison sentence.
In 2010 she was again convicted of assault with the intent to cause grievous bodily harm and sentenced to a year's imprisonment.
Smile, 31, pleaded not guilty to the murder charges, claiming that she had stabbed Ngqiyaza in self defence.
Lesele rejected her evidence as false and sentenced her to 15 years in prison on Friday 23 July. anele@grocotts.co.za
