Acting Judge Lenius Phoswa found that the State had proven beyond reasonable doubt that Jabulani Gwala was involved in Mbongeleni Khuzwayo’s murder at Woodlands Sports Club in Durban - because he believed that he had murdered his brother.
Phoswa was also satisfied with the evidence that placed Gwala at the scene of the crime.
Gwala’s cellphone and other belongings were found in a bushy area metres from the murder scene.
State senior advocate Cheryl Naidu said it was clear from the State’s case that Gwala was party to the plan and was present at the scene of the murder.
She said Gwala was not a candidate for rehabilitation and deserved to be in jail for a long time, saying he had not shown any remorse for his actions, and had wasted the court’s time.
Acting Judge Phoswa agreed with the State that Gwala had made up stories as he went along during the trial.
He said he found it strange that Gwala could not remember when his brother had died.
Emmanuel Chiliza, Gwala’s Legal Aid lawyer, asked the court to consider that Gwala’s brother had been a taxi owner who had fallen victim to taxi violence. He said many such cases did not get resolved, and arrests were not often made.
Acting Judge Phoswa also commented on the scourge of taxi-related killings, saying the revenge murders went on and on, and left widows and orphans in its wake.