Pitch Black Afro judgment day looms

Musician and murder-accused, Pitch Black Afro
Musician and murder-accused, Pitch Black Afro
Image: Veli Nhlapo/Sowetan

Rapper Thulani Ngcobo will have to wait until Tuesday to hear whether he will be found guilty or not for the murder of his wife in a Johannesburg bed and breakfast two years ago. 

Ngcobo appeared in the Gauteng High Court in Johannesburg on Wednesday on charges of murder and defeating the ends of justice after he allegedly killed Catherine Modisane when an argument ensued between the couple.

Ngcobo’s lawyer, Adv Jacobus Greyling, told the court that Ngcobo had no intentions of killing his wife on the day of the incident. It is alleged that on December 30, Ngcobo killed Modisane. He allegedly bashed her head against the wall.

“My client did not wish for his actions to lead to the death of the deceased," Greyling said.

The court previously ordered that his confession statement was admissible, in it, he did say that he pushed deceased but had no intention of killing her,” Greyling said. Ngcobo said in his statement last year that he hit his wife Catherine Modisane and pushed her onto a wall.

“My client made it clear that this was an accident and he had no intentions of causing the death of his wife,” Greyling told the court.

Ngcobo made a 180-degree turn and said he was assaulted and threatened into making that statement by a group of police officers from Yeoville police station.

This turn of events led to the trial having a trial within a trial, to establish whether Ngcobo's earlier confession is admissible.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. He may not have had direct intention but there was dolus eventualis in that he had to foresse that hitting her head against a wall would lead to her death,” Moleko said.

Moleko maintained and pleaded with the court to find that Ngcobo assaulted his wife for a period of time.Moleko previously argued that: “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.

Acting Judge J. Du Plessis  postponed the matter until March 24 when he is expected to hand down the judgment.

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