MAGWAZA SENTENCED TO EFFECTIVE 20 YEARS FOR STABBING AND SHOOTING POLICE BOYFRIEND
The High Court of South Africa, Johannesburg, has sentenced Bongiwe Magwaza (23), to 20 years for the murder of her boyfriend, Kgopotso Ntsana (34), a South African Police Service employee. The 23-year-old also received an additional 7 years for unlawful possession of a firearm, 5 years for unlawful possession of ammunition and 7 years for defeating the ends of justice which will be served concurrently with the 20 years.
Magwaza was convicted of stabbing and shooting her partner during a dispute at their shared residence in Windmill Park Estates on 2 December 2022. Initially, Magwaza reported the incident as a suicide, but police investigations by Captain Sibeko and the expert witness testimony contradicted the claim. Magwaza later confessed to the crime, claiming self-defence, which was accepted by the court. The conviction was based on a combination of circumstantial evidence and Magwaza’s admission of guilt.
During her testimony in mitigation, Magwaza stated that she did not shoot Ntsana and suggested that he took his own life. She only acknowledged responsibility for stabbing him and expressed remorse to the family for her actions. Magwaza maintained that she would only accept culpability for the murder if the cause of death was determined to be the stab wounds. She emphasised that she cannot accept a life imprisonment sentence for a crime she claims she did not commit. Additionally, Magwaza denied knowing how to use a firearm. However, the court rejected her version of events and maintained that she shot the deceased.
Senior State Advocate Rachel Kau argued that Magwaza demonstrated a lack of remorse and failed to take accountability for her actions. Additionally, Advocate Kau highlighted the importance of recognizing that intimate partner violence affects not only women but also men, who are also victims of gender-based violence (GBV) and deserve equal protection and support. She further argued that the tragic loss of the deceased who was a SAPS member, has deprived the force of a valuable asset in the fight against crime and the pursuit of justice. The court exercised its discretion to impose a sentence below the prescribed minimum after taking into account the accused’s circumstances, youthful age and capacity for rehabilitation, as well as her immediate confession to the authorities and the report from the Department of Social Development’s probation officer, which offered valuable insights into the accused’s background and rehabilitative potential. The court’s decision aims to bring justice to the victim and his family, while also serving as a deterrent to violence and abuse in relationships.
