Sibusiso Tshabalala accidentally shot and killed his son, mistakenly believing he was a car hijacker. File picture: Lindi Masinga/African News Agency (ANA) Archives

Johannesburg - The Director of Public Prosecutions (DPP) has made the decision to prosecute the man who accidentally shot and killed his son at Fred Norman High School in Ennerdale last month.

State prosecutor Tumi Maunye told Magistrate Maggie Van Der Merwe on Tuesday that the investigations had not been completed.

"Scene photos are still outstanding, I've attached a letter from the DPP that states that the matter will be heard at the high court," Maunye said.

Maunye requested that the matter be postponed to September for further investigation.

At the beginning of June, the father, Sibusiso Tshabalala, 51, was sleeping in his vehicle while waiting for his 14-year-old son, Luyanda, outside his school, when he heard knocking on his window and fired shots allegedly in the mistaken belief that hijackers were attacking him.  

Defence lawyer Chwewe Machaka said he understood that investigations needed to be done and confirmed the postponement date.

"I am aware that investigations take longer than in a robbery matter. It also appears that the investigation will be overseen by the DPP office but one must never jump the gun and once the investigation is complete a proper decision can be done," Magistrate Van Der Merwe said.

After court adjourned, Luyanda's mother, Siphiwe Khalashwayo said was she still battling to cope with losing her son and was on medication as a result.

She added that she had forgiven Tshabalala and hoped the court would show him mercy. "He's had to explain to the other siblings what happened to Luyanda."

African News Agency/ANA