An uncle and his nephew were sentenced to five life terms and 55 years’ imprisonment by the Durban High Court for murder, attempted murder and arson.
DURBAN – An uncle and his nephew have been handed heavy sentences for murder, attempted murder and arson.
The Durban High Court sentenced Dennis Zwane, 41, and Mfundo Zwane, 30, to five life terms and 55 years’ imprisonment for the murders, attempted murders and arson they committed in May 2017 and October 2021 in the Nongoma area in northern KwaZulu-Natal.
National Prosecuting Authority (NPA) KZN spokesperson Natasha Ramkisson-Kara said that before the May 2017 incident, Dennis had an altercation with Bhekuyise Shiba, 55, a traditional healer in the area.
Dennis accused Shiba of bewitching his dog and then, on May 1, 2017, the Zwanes went to Shiba’s homestead under the pretence of wanting to apologise.
Shiba was with his family and he shook hands with them after the apology. Since they were leaving, the Zwanes asked Shiba to accompany them to the gate of his homestead.
There they shot him several times, in full view of his family members. Shiba died and the men fled the scene.
They were arrested soon after.
“They appeared in court and were denied bail following an opposed bail application,” said Ramkisson-Kara.
“However, at some point, the court refused the State’s request (due to outstanding statements) for a further postponement and the murder charge against the men was provisionally withdrawn.
“Once the statements were obtained, the men returned to court on a summons for the murder charge and were released on warning.”
To get rid of the family members who were likely to implicate them in Shiba’s murder, the men went back to Shiba’s homestead in the early hours of October 4, 2021, said Ramkisson-Kara.
They doused the house with petrol and lit it, trapping the 11 people who were inside.
Among them were Shiba’s immediate family members, including six children aged between 18 months and 12 years old.
The men also fired shots through the windows. The adults in the house were able to push five of the children through the window thus saving them.
The 18-month-old, who was physically challenged, was carried out by his mother, however, they were beaten by the men and thrown back into the house that was on fire.
Ramkisson-Kara said that although the men fled the scene, the family members recognised them and reported this to the police, leading to their arrest.
State advocate Xolani Sindane led the testimonies of eyewitnesses, statements of the deceased witnesses (in the case of Shiba’s murder), post-mortem reports and the evidence of the police officials who visited the scene.
Sindane also handed in victim impact statements, compiled by the family members and facilitated by court preparation officers Phumlile Khumalo and Sthembile Cebekhulu.
In their statements, the various family members said that they were traumatised and feared for their lives. They have difficulty sleeping and are now without a home as it was destroyed in the fire.
“Each of the men was sentenced as follows: a term of life imprisonment for each of the murders, 10 years’ imprisonment for arson, 10 years’ imprisonment for each of the two counts of attempted murders, and five years’ imprisonment for each of the further counts of attempted murder.
“The court ruled that the sentences would run concurrently resulting in an effective sentence of life imprisonment for each. They were also declared unfit to possess a firearm,” Ramkisson-Kara said.
