Man sentenced to 15 years for stabbing acquaintance over past assault

THE Port Nolloth regional court sentenced 31-year-old Kwezilomso Gebuza to an effective 15 years’ imprisonment for the murder of Zubenathi Shuman, 19.

Spokesperson for the National Prosecuting Authority (NPA) in the Northern Cape, Mojalefa Senokoatsane, said both the accused and the deceased resided in Sizamile, Port Nolloth, although they were not friends.

"Gebuza had been sent to live with his uncle and aunt in Port Nolloth due to behavioural problems while previously residing in Sterkspruit, Eastern Cape. He had lived in the area for approximately three months before the incident." 

Senokoatsane added that the accused was allegedly assaulted by the deceased and his friends in January 2023.

"Instead of reporting the matter to the police, the accused approached the parents of those involved, requesting that they reprimand their children. On February 19 2023, the deceased was with friends near a tavern in Sizamile when he encountered the accused in the same street. An argument ensued and escalated into a physical altercation. The two initially exchanged blows with their fists, during which the deceased, who was physically stronger, appeared to be overpowering the accused."

He stated that the accused then produced a knife.

"Upon seeing the weapon, the deceased attempted to flee but fell while running. The accused caught up with him and stabbed him multiple times. Bystanders attempted to intervene and attacked the accused. However, he managed to escape and hide inside a nearby tavern. Despite sustaining serious injuries, the deceased managed to walk to his stepfather’s shop to seek help. His stepfather contacted the deceased’s mother, a paramedic, who, upon examination, could not detect any vital signs. Emergency medical services were summoned, and the deceased died at the scene." 

Stab wounds to the chest

Senokoatsane indicated that the police were alerted and arrested the accused while he was still hiding inside the tavern.

"The knife used in the commission of the offence was found in his possession. A post-mortem examination revealed two stab wounds to the chest, with the cause of death determined as left hemopneumothorax, resulting in lung collapse." 

He said a warrant for the arrest of the accused was issued on October 9 2024, when the trial was initially scheduled to commence, and the accused failed to appear in court.

"The warrant of arrest was issued and later converted into a J50 warrant, with the accused circulated as a wanted person. Through the efforts of the South African Police Service, in collaboration with various stakeholders, the accused was traced to Sterkspruit in the Eastern Cape, where he was already in custody on unrelated charges of murder, rape, and robbery." 

Senokoatsane added that during the trial, the accused made several admissions, including that he stabbed the deceased out of anger.

"He conceded that he did not act in self-defence and that his life was not in danger. Although he claimed he did not have a direct intention to kill, he admitted knowing that stabbing someone in the chest or upper body could be fatal. He further acknowledged that his actions were unlawful and punishable by law." 

He stated that the court found that there were no substantial and compelling circumstances justifying a deviation from the prescribed minimum sentence of 15 years’ imprisonment for murder.

"The NPA reiterates that the right to life is paramount, as enshrined in the Constitution of the Republic of South Africa. Acts of violent crime will not be tolerated, and perpetrators will be held accountable. The NPA remains committed to pursuing violent crime matters with vigour to ensure justice for victims and their families," Senokoatsane said.