Court upholds 20-year sentence for man who killed partner in alcohol-fuelled rage

A man who beat and kicked his partner to death in an alcohol-induced rage will continue to serve his 20 years imprisonment term after his appeal against his sentence failed in the Western Cape High Court. 

The repeat offender, who had previously also served prison sentence for murder, argued that he was provoked and could not foresee the death of his girlfriend after the violent assault, which occurred after a night where the couple had consumed alcohol.

Bafana Khumalo, co-executive director at Anti-GBV NPO Sonke Gender Justice, said they welcomed the court’s decision.

“This indicates the seriousness that the court considered in this matter. The judgment affirms the fact that there can be no justification for violence. Alcohol and anger can never be an excuse,” said Khumalo. 

It emerged in court that the couple fought over the man’s consumption of wine, which the girlfriend had bought, and her accusation that he failed to contribute financially to their joint household.

The man argued that he was provoked and angry but could distinguish between lawful and unlawful actions and act according to such knowledge. 

In a plea statement he pleaded not guilty to murder but guilty to an alternative charge of culpable homicide. 

“He also stated that the deceased threw wine at his face and threatened to return to her estranged husband and have more children with him. Consequently, the appellant became angry at the accusation and started hitting the deceased with fists in her face," the judgment read.

“She fell to the ground, and he started kicking the deceased in her face and on her body. The appellant explained that the deceased lost consciousness. The appellant fetched a jug of water and poured the water over her face. According to the appellant, the deceased regained consciousness and he informed her that he would be leaving. The appellant then left the house."

Dismissing his appeal against the sentence, Judge Mas-Udah Pagarker said: “The viciousness and savagery with which the appellant assaulted the deceased by kicking and hitting her while she was lying defenceless on the ground, cannot be downplayed nor diminished at the altar of the appellant’s hurt feelings and dented ego. Rather than walk away to calm down, the appellant decided to mete out punishment, which had fatal consequences.”

Khumalo added that the case amplifies how the law should deal with perpetrators of Intimate Partner Violence (IPV).

“This judgment strengthens our jurisprudence on how IPV matters should be handled. There is a strong message to all of us in society that such acts of brutality will not be tolerated and where there has been violation as in this case there will be accountability."

Get your news on the go, click here to join the Cape Argus News WhatsApp channel.

Cape Argus