Johannesburg - A judge in the case of a pupil who shot dead a bully in a classroom has questioned why the school never dealt with the bullying.
Judge Bert Bam said one could appreciate the difficult position Tsundzukani Mthombeni found himself in due to being constantly bullied and tormented.
On November 20, Mthombeni stole his police officer mother’s service pistol, took it with him to Phineas Xulu Secondary School, where he was a pupil, and fatally shot Nkululeko Ndlovu,18.
“He (Mthombeni) was apparently unable to defend himself after being subjected to acts of violence and being degraded. Being a bully could have never justified his (Ndlovu’s) death, but one can appreciate that the accused found himself in a very difficult position.
“Why this bullying was never dealt with by the school, or why the accused never told his mother, cannot be explained,” the judge said.
Mthombeni was one of those constantly bullied by Ndlovu and his friends at the high school in Vosloorus, Ekurhuleni.
On November 19, the bullies took his cellphone and school bag.
He was due to write an exam the next day.
The following day, he took his mother’s gun to school.
When Ndlovu and another bully went to his classroom and wanted to fight him, Mthombeni produced the gun.
Ndlovu challenged him, saying he would not be scared off by a toy gun, and Mthombeni fired a warning shot to show them it was real.
The bullies retreated, but Ndlovu approached Mthombeni and slapped him.
In the melee, two shots went off, killing Ndlovu.
The State charged Mthombeni with premeditated murder.
His trial started on Thursday in the high court sitting in Palm Ridge.
The prosecutor was forced to close his case an hour after the trial started, and after calling three out of the 18 witnesses who were in court.
The evidence of the three corroborated Mthombeni’s version of what transpired that day.
Judge Bam found Mthombeni guilty of culpable homicide and illegal possession of a firearm and ammunition.
He said Mthombeni was not a criminal with violent tendencies.
The judge sentenced him to seven years in prison, suspended for five years, on the count of culpable homicide.
On the firearm charge, Mthombeni was sentenced to two years’ imprisonment, also suspended for five years.
The Star