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- The Gauteng High Court in Johannesburg has sentenced Musa Ntsibande to 12 years' imprisonment for his wife's murder.
- Ntsibande's family tragedies and his role as a breadwinner influenced the court's decision to impose a less harsh sentence.
- The businessman shot and killed his wife, Hlengiwe Msimango, thinking she was an intruder.
The Gauteng High Court in Johannesburg has sentenced businessman Musa Ntsibande to 12 years' imprisonment for the murder of his wife, Hlengiwe Msimango.
In delivering her sentence, Judge Moleboheng Mdalana-Mayisela said the court had to deviate from the minimum sentence of 15 years because of Ntsibande's children.
She said: "He has prospects of rehabilitation. The court is supposed to be the guardian of children. It must consider children when imposing a sentence. His personal circumstances warrant a deviation from the prescribed sentence."
On 3 August 2020, Ntsibande shot his wife twice with his licensed firearm. In his defence, he claimed he thought she was an intruder at their home in Norkem Park, east of Johannesburg.
He was convicted of murder by way of dolus eventualis - where an accused person can objectively foresee that their conduct is likely to cause the death of another, but proceeds to act regardless of the consequences of their conduct - in September last year.
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Mdalana-Mayisela said she considered that Ntsibande was a father of six.
"His eldest daughter committed suicide after her father was convicted. His other daughter was born with physical disability and is unable to walk.
"His son, [whom] he fathered with the deceased, now aged four, resides with Msimango's aunt and uncle ... Ntsibande was denied access to his son [even though] he maintained his six children. His brother committed suicide while he was in prison," the judge said.
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Mdalana-Mayisela said Ntsibande worked for Woolworths for 12 years before he resigned to start a construction business with a partner.
"At the time of arrest, they were busy with the construction of a road. He partially paid lobola [for Msimango]. He earned R250 000 per month and maintained his children. He was a breadwinner.
"[Msimango] was killed on 3 August 2020. Ntsibande spent three months in jail before being released on bail. He spent seven months in jail after he was convicted. He is a healthy person but experiences stress and depression," the judge said.
She found Ntsibande to be someone who does not pose a threat to the community and who showed remorse for his crime.
Aggravating factors
Mdalana-Mayisela said Msimango was killed in her bedroom - "a place of safety".
She said: "[Msimango] was killed by the person who was supposed to protect and love her. Ntsibande knew that a gun is a deadly weapon. He didn't fire a warning shot.
"Their eldest child saw [the deceased] lying in a pool of blood. Msimango's family has been financially and emotionally impacted. The society is enraged by this."
She, however, said the court sought to "distinguish between punishment and vengeance" in the quest to impose a balanced sentence.
"In imposing a sentence, the court must consider all relevant factors in sentencing."
Ntsibande was also declared unfit to possess a firearm.
