KwaZulu-Natal man’s sentence reduced by High Court in water dispute ruling
The Pietermaritzburg High Court has significantly reduced the sentence of a KwaZulu-Natal man, Sifiso Titi Ntusi, initially handed down 10 years for attempted murder in connection with a water dispute incident.
The court found that the evidence presented in the lower court only supported a conviction for common assault, leading to the attempted murder conviction and original sentence overturned.
Ntusi’s conviction stemmed from a confrontation with a community member. The complainant alleged that Ntusi, who was sentenced to 10 years with two years suspended, and his brother attacked him.
According to the complainant, the dispute began when Ntusi confronted him over accusations that he had allegedly used a derogatory term to refer to Ntusi’s mother while in Johannesburg.
The complainant testified that Ntusi first tried to hit him with a fist but missed. Following this, Ntusi’s brother allegedly tripped him, causing him to fall onto stones.
The complainant claimed that both siblings then kicked and trampled on his body and face until he picked up two stones, which prompted them to flee. He was subsequently taken to Nkonjeni Hospital and kept overnight.
Dr Charity Ngcobo, who examined the complainant, confirmed injuries to the eye and nose.
“Due to the severity of the head injuries, the complainant was referred to Ladysmith Hospital for a CT scan, which revealed a mild intracranial brain injury,” Dr Ngcobo said.
In his defence, Ntusi claimed that the complainant was trespassing in his garden to connect a water pipe, and he only retaliated after being struck by the complainant.
Trial witnesses confirmed ongoing water issues in the area, with a local induna, Mr Majola, stating that pipes ran through properties to distribute water.
In his judgment, Judge Pieter Bezuidenhout highlighted that proving intention is necessary for attempted murder, an aspect the lower court failed to address.
Judge Bezuidenhout stated: “Accordingly, in my view, the conviction on attempted murder cannot stand and must be set aside, and the appellant should be convicted of assault common.”
The judge also noted that the complainant’s evidence was unreliable, as it contradicted the medical report from Dr Ngcobo.
Considering the circumstances, Judge Bezuidenhout concluded that Ntusi did not appear to be a person who needed to be deterred from committing further offences, making a suspended sentence inappropriate.
“In my view, a sentence of 12 months’ imprisonment would be appropriate in the circumstances,” the judge said.
nomonde.zondi@inl.co.za