Iuze Mukube
A man accused of murdering the then domestic partner of his mother by stabbing him in the chest with a knife during a violent confrontation in 2021 was found guilty yesterday in the High Court.
Kevin Matt his then stepfather, Deon Bobeje, at their residence on 27 February 2021 at Krõnlein in Keetmanshoop.
Judge Philanda Christiaan was satisfied that witness testimony from LeeRooi Glen Engelbrecht, which was in contention by the defence, reflected the truth of what transpired and that it provided a sufficient basis for a conviction.
She added that Engelbrecht was a sincere and candid witness who did not attempt to overstate or exaggerate his observations and was open about areas where his memory was affected by time or distance.
She also rejected the accused’s defence of self-defence, in which he claimed that at the time, he had made a joke about them not playing with alcohol when the deceased jumped up and punched him in the face and he pushed back.
Additionally, the accused said Bobeje then went into the shack he shared with Cloete’s mother, fetched a knife from it, and made stabbing motions towards him.
He further said he then drew his small pocketknife from his pocket and stabbed the deceased once in the chest, and he fell to the ground.
However, Engelbrecht, who described witnessing the altercation between Cloete and Bobeje, stated the accused is the one who started the altercation by kicking and punching the deceased, who at the time was sitting in a chair.
Engelbrecht said Cloete had punched and threatened to kill his stepfather before retreating into the house and returning with a knife. He claimed Cloete then stabbed Bobeje once in the chest during the scuffle.
The judge stated that the accused’s evidence was evasive, contradictory and tailored to suit a self-defence justification, and his actions under cross-examination displayed a shifting of the narrative.
Therefore, Christiaan was not satisfied that the objective requirements for private defence were met, as there was no imminent or unlawful attack, and his means of attack, which were severe with a fatal force, were clearly disproportionate to any perceived attack.
She further ruled that the accused exceeded the boundaries of private defence intentionally when he stabbed the deceased once with a deadly weapon, causing a fatal injury.
Additionally, the judge, on consideration for the section 174 application under the Criminal Procedure Act, which aimed at getting the case dismissed, was satisfied that a prima facie case had been established and that the application for discharge was accordingly dismissed.
Moreover, Christiaan found that there was no evidence for premeditation or direct intent; however, the circumstances clearly supported a finding of dolus eventualis.
In that the accused subjectively foresaw the possibility of death, reconciled himself to that outcome and acted regardless.
Hence, she found the accused guilty of murder with dolus eventualis, read with the provisions of the Combating of Domestic Violence Act. She further rejected his claim of private defence as false and untenable.
Cloete’s bail was cancelled, and he will remain in custody until the matter is final.
Hendrik van Zyl represented the accused, and Ian Malumani is representing the State.
The matter will continue this week in the High Court with pre-sentencing proceedings.