Father who mistook son for a hijacker waits to learn his fate on murder charge

A father who shot dead his teenage son outside school, believing he was a hijacker, will have to wait a while longer to know his fate.

The Lenasia Magistrate’s Court heard on Tuesday that investigations into the shooting, in which Sibusiso Tshabalala killed his son Luyanda, are yet to be finalised.

Prosecutor Nerrisa Muller told the court that although the social worker’s report and victim impact report were concluded, they were yet to be handed over to the state.

“We spoke to the probation officer this morning and we were informed that the report was available. It is complete but it’s yet to be handed over to us,” Muller told the court.

Tshabalala’s lawyers previously told the court that they reached an agreement with the office of the director of public prosecutions (DPP) to draft a plea and sentence agreement.

Luyanda, 16, was killed in June last year after finishing extra classes. His father had fallen asleep in his car, waiting for him to finish, when Luyanda knocked on the window. Mistaking him for a criminal, Tshabalala opened fire.

Tshabalala, from Ennerdale in southern Johannesburg, filed representations with the DPP in December asking that a charge of murder against him be changed to a lesser charge.

During a brief appearance in court on Tuesday, magistrate Maggie van der Merwe told Tshabalala that his matter would probably be heard before the next set date if the social worker’s report and the victim impact report are made available to his defence team and the state.

“Should those reports be available before June 4 then we might hear your matter before that date. We also have to be aware that your lawyer and the state still need to go through the contents of those reports and then draft a formal plea agreement,” Van der Merwe said.

Van der Merwe postponed the matter until June 4 for the reports to be obtained.

- SowetanLIVE