Father who 'mistakenly' shot son is in plea bargain talks with prosecution

A father who shot and killed his teenage son‚ apparently by mistake‚ wants to plead guilty to culpable homicide and not murder.

Sibusiso Emmanuel Tshabalala was a solitary figure as he appeared in the Lenasia Magistrate's Court on Tuesday‚ sporting a brown jacket with black trousers and carrying a newspaper.

His case was postponed to November 6 for his lawyer Chewe Machaka to have access to the docket and for him and the state to continue discussions over plea bargaining.

Addressing Tshabalala‚ magistrate Maggie van der Merwe said his representations were partly successful as the Director of Public Prosecutions had agreed that he be tried in the Lenasia Magistrate's Court and not at the High Court‚ as the state had intended.

"The Director of Public Prosecutions has agreed that the matter will not be transferred to the High Court. Copies of the docket will be made available to the defence‚" Van der Merwe said.

Speaking to journalists outside court‚ Machaka said: "The state has allowed us to tender a plea on a lesser charge."

Tshabalala was initially charged with murder. Tshabalala shot his son‚ Luyanda‚ on the premises of Fred Norman Secondary School in Ennerdale‚ south of Johannesburg‚ on June 5. He had dropped off Luyanda at the school for evening classes and then fell asleep in the car.

In an affidavit he deposed to the court during his formal bail application‚ Tshabalala claimed that he had shot his son after mistaking him for a hijacker as Luyanda attempted to wake him up.

Tshabalala‚ who has been backed by his family‚ has pleaded that the shooting was accidental.