Sentencing of German tourist’s murderer postponed again
The Mpumalanga High Court plans to issue the provincial Department of Social Development with a contempt of court decree for failing to submit the pre-sentencing report of Napoleon Joseph Ngalungu.
The man convicted of the murder of German tourist, Jörg Schnarr, had his sentencing postponed again, to September 22.
Napoleon Joseph Ngalungu appeared in the Mpumalanga High Court today, March 31.
The matter was again postponed – this time because the court is awaiting the pre-sentencing report from the provincial Department of Social Development (DSD).
The state prosecutor, Adv Fedile Tsotetsi, told the court she had already requested the report on January 12, followed by numerous reminders. However, her requests were ignored.
Tsotetsi also said she requested the DSD to explain the delay to the court today. As previously, the department did not show up in court.
The prosecutor also informed the court that Nyalunga’s attorney did not attend the court proceedings because the murderer had not paid him.
The presiding judge, Brian Amos Mashile, said:
“The matter has been going for a long time and the fact that the DSD did not come to court or give a reason as to why the report is not ready is not acceptable. I will have no choice but to issue them with a contempt of court decree if they continue to fail do so,” he said.
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Mashile also apologised to Nyalungu for the delays and promised that the matter would be resolved.
He also said that he would not be available until September to hear the case.
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Nyanlunga complained about another postponement and requested the court that he represent himself until his legal situation has been resolved.
He also asked the court for the date on which the report could be expected as he wished to know his fate as he has been in custody for a long time.
Mashile told Nyalungu he would have to wait until September as proceedings could not continue without the DSD pre-sentencing report.
Ngalungu was convicted of murder, attempted robbery and possession of a firearm on November 28, 2024.
He killed a German tourist, Jörg Schnarr, on October 3, 2022.
At the time, Schnarr and three other tourists were travelling in a minibus on the Numbi road towards the Kruger National Park.
Gunshots were fired at the tourists’ vehicle and Schnarr was struck by a bullet and died as a result.
Police investigations led to the arrest of three suspects, Nyalungu, Marshall Cebo Mamba and Bongumusa Matsane.
During trial, the other two accused were discharged in terms of Section 174 of the Criminal Procedure Act.
