Sandile Skhosana was recently convicted of murder by the Middelburg Magistrate’s Court in connection with a shooting on August 24, 2019, at the Skhosana homestead in Arnot.

The 22-year-old faced multiple charges, including murder, for the death of Themba Maisela, attempted murder, three counts of assault with intent to cause grievous bodily harm (later reduced to common assault by the court), possession of an unlicensed firearm, and possession of ammunition.

Rose Skhosana, Sandile’s mother, was called as one of the witnesses for the state and gave her account of what transpired that day.

Rose’s testimony

Rose testified that a commotion started in the kitchen between Sandile and Elsie Skhosana (a family member). The fight was over a balaclava belonging to Elsie, which Sandile was wearing.

She told the court that in the middle of the commotion, Sandile slapped Elsie, then continued to punch her and trampled on her while she lay on the ground.

Rose tried to intervene and was assaulted in the same way as Elsie, as punishment for trying to stop her son.

Petros Maisela and Themba went to the kitchen when they heard the commotion and told Rose to tell her son to stop assaulting Elsie.
The two men, who are Sandile’s uncles, apparently asked Rose for permission to protect them against Sandile. She agreed, and the two men took iron droppers and hit Sandile and chased him out of the yard.

Rose told the court that about 30 minutes later, Sandile, who was carrying a gun, returned with a friend, Solomon Mahlangu, who jumped the fence to enter the yard.
She said she was confronted by Mahlangu, who asked her why Sandile was assaulted, to which she replied, “This is a family matter and none of your business.”

She testified that Sandile took a stick and hit Petros on the head, and wrestled him to the floor. Themba then struck Sandile on his shoulder with the blunt side of an axe.

According to Rose, three shots were then fired by Sandile, two hit Themba and Petros.

Themba died shortly after the shooting at the scene, and Petros was taken to the Middelburg Provincial Hospital, where he remained for seven days.

Sandile and Mahlangu left the scene after the shooting, but Sandile returned home to fetch his phone and told his sister that he was going to hand himself over to the police.

More witnesses were called by the state and gave similar testimonies. Sandile took to the stand in his own defence and later called Mahlangu to testify for him.

Sandile’s testimony

Sandile travelled to the Skhosana homestead with Themba and Petros, where, upon arrival, Elsie confronted him for wearing her balaclava. He said he tried to tell her that he borrowed it from Cynthia, who is Sandile’s sister, but Elsie wouldn’t listen.

He further said it was Elsie who first assaulted him. He said he pushed her away, after which Petros, Themba, and Elsie all ‘ganged up’ on him and assaulted him. Sandile testified that Elsie slapped him, Petros used a metal dropper to assault him, and Themba hit him with an axe.

He got up and ran away, bleeding from his head. An hour later, Sandile returned with his friend, but Petros asked them to leave.

He told the court that he took out his gun after Themba struck him on the back with the blunt part of the axe. He fired a shot just as Themba was about to strike him for a second time. When he saw Petros charging at him, he fired another shot at him.

Sandile told the court that he shot the men because he was in danger and acted in self-defence.

Doctor Solomon Mahlangu’s testimony

Doctor Mahlangu led testimony of the post-mortem findings, which indicated Themba was shot in the right side of his neck. An exit wound was found on the right side of his back, and the bullet also punctured his right lung. He ruled that Themba died due to being shot and losing an extreme amount of blood.

Magistrate Deon Minnie

In delivering his judgement, Minnie took note of some of the contradictions in the witnesses’ testimonies. He indicated they were not deliberate lies, “As much time has passed since the incident, and memory is not static, and may change over time.”

He further mentioned how it appeared Sandile was acting in retaliation when he went to fetch the gun, even though his friend warned him against it, fearing he would shoot someone. To which Sandile even replied, “I am going to shoot them because they are attacking me.”

The court highlighted how Sandile could have at least aimed to shoot Petros and Themba in other places, like their legs, and not their upper bodies or chest, if he was indeed defending himself.

• Sandile will be sentenced later this week.