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Pitch Black Afro should be found guilty - State

Hip-hop artist Thulani Modisane, known as Pitch Black Afro in the Johannesburg magistrates court.
Hip-hop artist Thulani Modisane, known as Pitch Black Afro in the Johannesburg magistrates court.
Image: Veli Nhlapo/Sowetan

The State has called for rapper Thulani "Pitch Black Afro" Ngcobo to be convicted of murder.

This came in the Gauteng High Court in Johannesburg on Monday where Ngcobo appeared on charges of murder and defeating the ends of justice in a trial where the rapper allegedly killed his wife Catherine Modisane two years ago at a bed and breakfast in Johannesburg.

Prosecutor Matshiliso Moleko said circumstantial evidence indicated that Ngcobo assaulted Modisane because they were only together in the room.

“The deceased was found dead on 31 December 2018 and cause of death was blunt trauma which could have been caused by the accused hitting her head against the wall.

It is alleged that on 30 December Ngcobo allegedly killed Modisane. He allegedly bashed her head against the wall.

“And it was confirmed by the accused that he pushed her, and she hit her head against the wall. His confession was provisionally admitted, and it should be admitted as evidence,” said Moleko.

Moleko said according to the magistrate who took Ngcobo’s confession could not have known about the details of the incident if it was not from the accused.

“Premeditation doesn’t have to take a long time, it is eminent,” Moleko said. “According to witnesses, Modisane came to them crying and didn’t say anything while barefooted and didn’t want to discuss what had happened between her and Ngcobo and she walked back into the lodge where she was with the accused.

“The couple was preparing for a trip the following day. If we look at the injuries she sustained, they could not have happened in a snap of a moment. There were other wounds on her hands, thighs and legs,” Moleko said.

Moleko pleaded with the court to find that Ngcobo assaulted his wife for a period of time.

“I will rule out the element of negligence. The accused in the manner he assaulted Modisane, he could have seen that the injuries were severe. Although he could not have had the intention to kill, he had intention of dolus eventualis.

“The fact that there was intoxication it doesn’t play a big role.  He is an intelligent person and should have foresaw his actions. He should be found guilty of murder in the form of dolus eventualis,” said Moleko.

She said according to a police officer testified that he found Ngcobo packing clothes inside a bag and inside there was a pair of shoes with blood stains. 

“Ngcobo never told them about the items and a towel lying between a bed and the wall were only found days later with blood stains. I am drawing an inference that it was human blood,” Moleko said.

Acting Judge J. Du Plesis Du Plesis said he will accept that Ngocbo and Modisane were intoxicated.

“Even if I find that he is a poor witness and lied that doesn’t make him guilty of murder. If I look at the facts, the only version we only have is what happened inside the room. My great concern is that the last action that happened was when he pushed her, and she hit the head against the wall.

“That push might have been quite severe. He said from there Modisane was quiet and could not argue with him. The towel was never taken for testing at a laboratory and I don’t know if it was blood and whose blood was that,” Du Plesis said.

The matter has been postponed until March 19.

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