Family members of Amogelang Assegaai, who was fatally shot outside his home in Impala Street, were overcome with emotion in the Northern Cape High Court.
Image: Sandi Kwon Hoo / DFA
A MURDER case that rocked the Kimberley community has ended with a split verdict — offering a measure of justice for some, while leaving deep emotional wounds for others.
SANDF soldier Mbubanzi Desmond Zwakala, 50, has been sentenced to 20 years in prison for the fatal shooting of 19-year-old Amogelang Assegaai, a matric learner at Kimberley Boys’ High School. His co-accused, David Khangumbe, walked free — haunted, he said, by the three years he spent behind bars awaiting trial.
The shooting incident took place in Impala Road, Verwoerdpark, Kimberley, in October 2022 following a confrontation regarding Zwakala’s son’s cellphone.
Acting Judge Dries van Tonder was not convinced that the murder was premeditated, noting: “It is not unusual to carry a loaded firearm if it is used for self-defence. There is no evidence to prove that the two accused acted with a common purpose. The accused does not appear to be a lawless character.”
However, the judge also found that Zwakala showed no remorse.
“Zwakala is the only person who knows the real motive for shooting the deceased, although he never took the court into his confidence,” Van Tonder said.
Murder accused Mbubanzi Desmond Zwakala was found guilty, while his co-accused, David Khangumbe, was acquitted on the same charge.
Image: Sandi Kwon Hoo / DFA
Zwakala was released on bail in 2023, while Khangumbe remained behind bars until the conclusion of the trial on July 4.
While relieved to be exonerated, Khangumbe has expressed anguish over the toll his imprisonment had taken: “I never got to see my 22-year-old son, who died while I was in prison. Now I am left completely alone.”
Some members of the Assegaai family still believe Khangumbe has a case to answer, while others feel Zwakala’s sentence was too lenient.
Amogelang’s mother, Dipuo Assegaai, said her son’s death had left an irreplaceable void.
“The memory of him lying in a pile of sand still replays in my mind. I tend to suppress my emotions and have had to receive psychological therapy. Amogelang was my life,” she said.
She questioned why Zwakala had not sought her help to resolve the dispute before resorting to violence.
“My car was in the driveway. He should have called me to assist in resolving the dispute. I know I will not get any answers, but why did he react in that manner after my son went to the trouble of finding his son’s cellphone? Is that the accused’s way of saying thank you?”
Family members Keketso Bore, Reabetswe Seakeco, and Thuto Seakeco said Amogelang Assegaai would be remembered as a respectful young man who loved dogs and could fix anything around the house.
Image: Sandi Kwon Hoo / DFA
Amogelang’s sister, Reabetswe Seakeco, said that while the trial’s conclusion offered some relief, the pain remained.
“It will bring us one step closer to healing. However, no sentence will bring back my youngest brother. Amogelang was a respectful person and full of life. It pains me that the accused tried to paint him in a negative light. We are happy that the truth has prevailed.
“He loved sport, especially rugby. My brother was about to write his final exams when he was killed. He wanted to attend an artisanal school and go into business once he completed his schooling. Prayer and God have pulled us through an extremely difficult time.”
Another family member, Thuto Seakeco, described Amogelang as deeply caring and protective, especially toward his nephews.
“He was a quiet person, but when he spoke, he was so insightful. He spoke love through his actions.”
Zwakala’s legal representative, advocate Sakkie Nel, said his client had since divorced, was now unemployed, and had resigned from the SANDF following his conviction.
“He acknowledges the severe consequences on the family of the deceased. No sentence can bring back the deceased, who was very young and had his whole life ahead of him,” Nel noted.
He added that the offence was committed “on the spur of the moment” and that Zwakala had no previous criminal record — though he failed to fully explain the shooting.
“He never played open cards with the court in disclosing what triggered the incident.”
State advocate Sue-Anne Weyers-Gericke, however, argued that as a trained soldier, Zwakala should have foreseen the deadly consequences of firing his weapon.
“An innocent life was ended abruptly at the hands of an SANDF soldier who was charged with protecting citizens,” she said.
Mbubanzi Desmond Zwakala was sentenced to 20 years’ imprisonment by the Northern Cape High Court for the murder of 19-year-old Amogelang Assegaai.
Image: Sandi Kwon Hoo / DFA