SWakopmund regional magistrate Vicky Nicolaides sentenced 52-year-old Daniel Nghipundulwa to 15 years in prison on Friday for the murder of Sydney Windswaai, an innocent bystander mistaken for another due to the colour of his jacket.
Nghipundulwa fatally stabbed Windswaai in front of his family.
On the evening of 27 October 2021, Nghipundulwa engaged in a physical altercation with multiple individuals in the DRC informal settlement, which escalated to the point that he left to retrieve a kitchen knife.
Upon his return, he misidentified Windswaai, who was wearing a red jacket similar to another individual involved in the fight, and attacked him. Windswaai was standing by his house with his wife when he was attacked and later succumbed to his injuries at the hospital.
“Crimes involving violence, particularly in our neighbourhoods, are very prevalent. Society seems to be under attack from men who are meant to protect the rest of society. Victims are often left injured, and in some cases, dead. The court is expected to provide protection, ensuring that sentences for long periods are imposed. Sentences must serve a purpose to deter similar incidents,” said Nicolaides.
Nghipundulwa was also accused of attempted murder and assault with the intent to cause grievous bodily harm on the same day, but was acquitted on both counts.
The state conceded it had not proved the latter counts.
The course of the trial was punctuated by interruptions and defiance on the part of Nghipundulwa, who chose to represent himself.
At every appearance, the court explained to him his rights and the importance of legal representation.
However, when asked if he wanted to provide mitigation, he said: “I have nothing to say; this law is unfair.
“I don’t care what the prosecutor says – she is not important.”
According to the partner of the deceased, Eva Gowases, Windswaai was not involved in any altercation with Nghipundulwa.
She said her physically challenged husband had been inside their house during most of the fracas, and only ventured out during a brief lull in the fighting, when he was fatally stabbed by Nghipundulwa.
The court found that the accused had likely been attacked and injured during the earlier altercations. However, there was no evidence suggesting Windswaai had any part in the assault on Nghipundulwa.
“The contention of the accused that he acted in self-defence because he was under attack cannot carry the day. The reaction of the accused by stabbing him with a knife is excessive in the extreme,” Nicolaides said.
Gowases told The Namibian that the loss of her partner has left her helpless.
“I am not happy with the sentence. Fifteen years will not bring him back. No amount of years will bring back my husband,” she said.
The state was represented by Beata Mwahi.
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