Mbabane – The High Court has acquitted and discharged Bongani Siyabonga Nhleko of murder following the fatal stabbing of his brother on Christmas night in 2024, ruling that the State failed to disprove that he acted in lawful private defence.
The judgment was delivered on June 29, 2026, by High Court Judge M. S. Langwenya, after the Crown conceded that it could not prove its case beyond a reasonable doubt.
The matter stemmed from an incident on December 25, 2024, at the family homestead in Ncandvweni in the Lubombo Region, where the two brothers had reportedly been drinking alcohol throughout the festive evening.
Court records indicate that the confrontation began when Bongani returned home to sleep and found himself locked out of a shared two-room house by his elder brother, Mayibongwe Nhleko, who had accommodated his girlfriend inside. It is further alleged that Mayibongwe was armed with a knife and refused Bongani entry.
A struggle broke out outside the house in a dark and unlit area of the yard. During the scuffle, the knife reportedly fell to the ground. Bongani then retrieved the weapon as the altercation continued, stabbing Mayibongwe in the chest. The deceased was later pronounced dead at Good Shepherd Hospital.
The Crown called four witnesses in an attempt to prove murder, but the High Court found significant gaps in the evidence. One key witness admitted under cross-examination that he was not present when the fight began and only arrived after the confrontation had already started.
The Court also noted that the incident occurred between 11:00pm and midnight in an area with no lighting, making visibility poor and limiting the reliability of eyewitness accounts regarding how the altercation started.
Judge Langwenya held that the State had failed to conclusively disprove the accused’s version of events, including his claim that the deceased was initially armed.
“The question that should exercise the mind of the Court is how could [the witness] conclusively say the deceased did not take out a knife… because he wasn’t there when the fight started and also that the fight took place in the dark part of the family yard,” the judge stated.
In his ruling, Judge Langwenya reaffirmed that in criminal proceedings the burden rests entirely on the prosecution to prove guilt beyond reasonable doubt, and that an accused person is not required to prove innocence.
He further noted that where an accused’s explanation is reasonably possibly true, the court is obliged to acquit.
The Court also considered principles of private defence under the Homicide Act 44/1959, including whether the force used was proportionate to the perceived threat. It found that the State had not disproved that Bongani acted in response to an attack involving a weapon.
With the Crown failing to discharge its burden of proof, the Court ordered Bongani Nhleko’s acquittal and discharge, bringing the criminal proceedings to a close in a case arising from a tragic family dispute.
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