NPA WELCOMES 20-YEAR DIRECT IMPRISONMENT SENTENCE FOR MAN CONVICTED OF MURDER

Breyten, Mpumalanga – The National Prosecuting Authority (NPA) welcomes the sentence imposed by the Mpumalanga Division of the High Court, sitting in Breyten, which sentenced 42-year-old John Bhutini Zwane to an effective 20 years' direct imprisonment for the murder of Zenzile Rose Magubane and defeating the ends of justice.

The sentence follows a plea and sentence agreement concluded between the State and the accused in terms of Section 105A of the Criminal Procedure Act 51 of 1977.

Zwane and the deceased were known to each other and resided in the same area in Piet Retief, within the uMkhondo Local Municipality. At the time of the offence, Zwane was a self-employed livestock farmer. Evidence before the court revealed that on 02 May 2025, Zwane purchased a goat from a man known as Mokoena with the intention of using it in a cleansing ceremony. The following day, he was informed that the goat belonged to Magubane. He subsequently received a call from one of Magubane's relatives advising him that she intended to collect the animal.

In an attempt to address the matter and avoid a confrontation at his residence, Zwane arranged to meet with Magubane. During the encounter, an argument ensued and escalated into a physical altercation, during which Zwane strangled Magubane to death. After realising that she was no longer responding, Zwane attempted to conceal his actions by burying Magubane's body naked in a shallow grave and disposing of her clothing in a nearby forest.

Following the incident, Zwane handed himself over to the police and participated in a pointing-out process that assisted investigators. During subsequent bail proceedings, the State successfully opposed his release, and he remained in custody pending the finalisation of the matter.

In mitigation of sentence, the defence submitted that the accused had not used a weapon during the commission of the offence, had initially sought to resolve the dispute regarding the goat, and was a first-time offender. The court was urged to impose a lesser sentence.

In aggravation of sentence, Advocate Amos Mtshweni, appearing for the State, emphasised the devastating impact of the crime on the deceased's family, particularly her children, who have been left to endure the consequences of her loss. The State further submitted that Zwane deprived the deceased of her dignity by removing her clothing and burying her naked in a shallow grave. The prosecution also highlighted that the offence occurred within the broader context of gender-based violence, which continues to affect communities across the country.

The court sentenced Zwane to:

• Twenty (20) years' direct imprisonment for murder; and

• Five (5) years' imprisonment for defeating the ends of justice.

The court ordered that the five-year sentence run concurrently with the 20-year sentence for murder, resulting in an effective sentence of 20 years' direct imprisonment.

In addition, Zwane was automatically declared unfit to possess a firearm.

The NPA welcomes the sentence as an important affirmation that perpetrators of serious violent crimes will be held accountable for their actions. The outcome reflects the NPA's ongoing commitment to securing justice for victims and their families and ensuring that those responsible for gender-based violence and other serious offences face the full consequences of their criminal conduct.

The NPA remains steadfast in its pursuit of justice and in protecting vulnerable members of society through effective, victim-centred prosecutions that uphold the rule of law and strengthen public confidence in the criminal justice system.

Ends

Issued by:

Monica Nyuswa

NPA Regional Spokesperson | DPP Mpumalanga