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

The father who accidentally shot and killed his son at Fred Norman High School in Ennerdale was in a much better emotional condition in the dock on Tuesday morning.

Facing a murder charge, Sibusiso Emanuel Tshabalala, 51, appeared before Magistrate Maggie van der Merwe at the Lenasia Magistrate’s Court.

Tshabalala who was inconsolable at his formal bail appearance was in a much better emotional condition then when he first appeared in June. So much so that van der Merwe even commented that he looked better.

Tshabalala was appearing for shooting his son Luyanda Themba Tshabalala,16 at Fred Norman Secondary School in Ennerdale on June 5.

In his sworn affidavit during his bail application, Tshabalala maintained that he shot his son by mistake after he was woken up in his sleep by a tapping sound. He said he thought he was being hijacked.

Prosecutor Tumi Maunye told the court that the Director of Public Prosecutions (DPP) has decided to proceed with the matter in the South Gauteng High Court.

Van de Merwe said that they must not jump the gun in regards to this matter. “What I always say is that one must never jump the gun in any prosecution. We will just have to wait patiently for the investigation to be completed and once all the evidence is made available then a proper decision can be made in this matter,” she said. 

The Star team spoke to Machaka and he said that he didn’t think his client should be prosecuted for murder as the incident was a mistake.

He also said that the narrative that the accused and the victim were at odds is untrue. He said he had reliable information that Tshabalala and his deceased son Luyanda had a very good relationship.

The matter was postponed to allow more time for the investigation to be completed. The investigation will be overseen by the office of the Director of Public Prosecution.