MUZIKAWUKHULELWA Sibiya, accused one in the Senzo Meyiwa murder trial, appeared in the Tembisa Magistrates Court on Thursday, 18 January, for sentencing on charges including possession of drugs and illegal ammunition.
Sibiya, who is currently serving a 12-year sentence for attempted murder, was found guilty of both charges, possession of drugs and possession of a firearm with nine bullets on 12 December 2022.
His lawyer, Morgan Masegela, argued that the accused is a married man with five kids by different women, who are now staying with his mother in Emahlabathini, KZN.
“He's the only son and a breadwinner to all. All their mothers are unemployed. At the time of his arrest, he was running two car washes and now his family is left destitute with his absence," claimed Masegela.
He suggested that 0,71 grams of drugs are a small amount and said, with regards to being found in possession of an illegal firearm, he stated that it was a random search conducted by the police.
Masegela said the cops did not receive a tip-off, which rules out Sibiya being a known troublemaker in the community.
He pleaded for a lenient sentence for him.
However, Advocate Xolani Khumalo said that the court should, when sentencing, consider the personal circumstances of the accused, the offences that the accused committed and convicted of and the interest of society.
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"The accused has shown no remorse at all for all the crimes he committed throughout this trial," said Khumalo.
He said that the accused had committed crimes while serving sentences for other crimes previously committed and, therefore, should get direct imprisonment.
Magistrate Jerome Josephs said the offences were serious.
“The first is possession of drugs, which is morally unaccepted, being it demoralises the communities. The state could not prove that you are a dealer of drugs, however, they were in your possession.
"The community is not going to allow these substances in their community," he expressed.
Magistrate Josephs stated that the crimes committed by the accused are a clear picture drafted by the accused as they show how he goes around with his life.
"In a short space of time, you have created a booklet of offences by you. These two offences will be added to your list of offences. All these offences show the court that you are a dangerous person. Society must be protected against a man like you. I have a belief you can change your ways if you want to," said Josephs.
He sentenced the accused to five years of direct imprisonment for the possession of drugs and drug trafficking.
Josephs further sentenced the accused to five years of direct imprisonment for the possession of an illegal firearm.
Both charges will run concurrently with the 12-year sentence the accused is currently serving.
