Convicted Deputy Sheriff Vusi Charles Mncina has appealed to the High Court of Eswatini for a lenient sentence, citing several mitigating factors in his case. Mncina was found guilty of murdering four women and attempting to murder another at Ezulwini on October 28, 2023. His lawyers have submitted that the killings were influenced by the circumstances surrounding his relationship with his girlfriend, Cynthia Khulile Shongwe. The defence has asked the court to consider revenge, provocation, humiliation, health problems, and Mncina's responsibility for eight children when determining his sentence.
According to the defence submissions, Mncina's actions were influenced by alleged provocation and humiliation arising from Shongwe's conduct. The defence argued that Mncina felt isolated after his friends left a party while Shongwe's friends remained present. Additionally, Mncina had been consuming alcoholic beverages early in the day, which may have affected his ability to exercise self-control and make sound judgements. The court had previously found that the attack on the victims was most probably an act of revenge, which the defence argued should be considered in determining the sentence.
The defence has relied on Section 295(1) of the Criminal Procedure and Evidence Act of 1938, which requires the court to consider extenuating circumstances when convicting a person of murder. The provision directs the court to consider the standards of behaviour of an ordinary person of the class of the community to which the convicted person belongs. The defence cited a Supreme Court case, Mandla Bhekithemba Matsenjwa versus Rex, which discussed factors that may reduce an offender's moral blameworthiness.
In mitigation, the defence has informed the court that Mncina was 48 years old, married, and a first-time offender when committing the murders. He has eight children, six of whom are still attending school, and his wife is unemployed. Mncina's health problems, including gout, ulcers, and kidney issues, were also presented to the court. Before his arrest, Mncina was self-employed as a deputy sheriff, a property agent, and a car dealer.
The defence has highlighted Mncina's cooperation with investigators, including his surrender to the police and his confession before a judicial officer. Mncina expressed remorse and publicly apologized during his evidence-in-chief and attempted to send apologies to the victims' families through messengers. Although the messengers were overcome by fear and failed to deliver the message, the defence argued that this demonstrates Mncina's willingness to take responsibility for his actions.
The defence has acknowledged the seriousness of the offences and the need for deterrent sentences but urged the court to consider the history of Mncina's relationship with Shongwe and its influence on his conduct. The defence argued that the loss of four lives would leave an indelible mark on Mncina's conscience and was not something that can be worn as a badge of honour. The lawyers have asked the court to calculate the sentence from October 28, 2023, the date of Mncina's arrest.
The matter is currently before Judge Titus Mlangeni, and the defence has asked the court to order that the sentences for the five offences run concurrently. The court will consider the submissions and determine Mncina's sentence. The case has garnered significant attention due to its nature and the mitigating factors presented by the defence.
Key points
- Deputy Sheriff Vusi Charles Mncina seeks leniency in sentencing for four murders and one attempted murder, citing provocation, humiliation, and health issues.
