Father who mistook son for a hijacker waits to learn his fate on murder charge

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Sibusiso Tshabalala's lawyers previously told the court that they reached an agreement with the DPP to draft a plea and sentence agreement.

Luyanda, 16, was killed in June last year after finishing extra classes. His father had fallen asleep in his car, waiting for him to finish, when Luyanda knocked on the window. Mistaking him for a criminal, Tshabalala opened fire.

Tshabalala, from Ennerdale in southern Johannesburg, filed representations with the DPP in December asking that a charge of murder against him be changed to a lesser charge. During a brief appearance in court on Tuesday, magistrate Maggie van der Merwe told Tshabalala that his matter would probably be heard before the next set date if the social worker’s report and the victim impact report are made available to his defence team and the state.

“Should those reports be available before June 4 then we might hear your matter before that date. We also have to be aware that your lawyer and the state still need to go through the contents of those reports and then draft a formal plea agreement,” Van der Merwe said.

 

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