Emmanuel Sibusiso Tshabalala at the Lenasia Magistrate's Court. Picture: Lindi Masinga/African News Agency (ANA)

Johannesburg - The case against Sibusiso Emmanuel Tshabalala, who accidentally shot his son Lungelo when he mistakenly thought he was a hijacker, was postponed by the Lenasia Magistrate's Court for a plea agreement to be drafted and a probation report to be compiled.

Tshabalala is facing a charge of murder after he shot his son, on the premises of Fred Norman Secondary School in Ennerdale, south of Johannesburg, on June 5 last year.

The State on Tuesday requested a postponement for a plea and sentence agreement to be finalised, after they received a letter from the Directorate of Public Prosecutions (DPP) confirming that both the State and the defence had reached an agreement on a charge and a sentence.

Magistrate Maggie van der Merwe explained to Tshabalala that the matter would be postponed for at least six weeks for the drafting of the plea agreement that would include the charge that he would plead guilty to and the proposed sentence as well as to obtain a probation officer's report and family impact statement.

"There was a letter from the DPP saying that both parties had reached an agreement on a charge and sentence. That still has to be drafted and it has been agreed that in the interim a social worker's report will be compiled on the effect on family members." 

The defence has proposed that Tshabalala be charged for a reduced sentence of culpable homicide rather than murder.

Van der Merwe postponed the matter to April 23.

"If all goes well this matter will be finalised on that day," she said.

African News Agency/ANA