A tale of gender-based violence that ended with a gunshot to woman’s forehead

A jealous ex who killed his former girlfriend and hurt her new partner has failed to convince the courts to overturn his life sentence and murder conviction.

Masonwabe Njara is behind bars for the murder of Hombakazi Gaga and was also sentenced to 10 years for the attempted murder of Masibulele Ngamngam, who was shot in the leg in 2018.

Gaga’s suffering at Njara’s hands is detailed in a 22-page judgment recently handed down by the high court in Bhisho, Eastern Cape. Njara sought to have his conviction and sentence overturned.

According to the judgment, Ngamngam and Gaga’s relationship started in October 2017. Njara refused to accept his relationship with Gaga had ended and threatened to kill her. Gaga sought assistance from the police and obtained a protection order against him.

She was fatally shot by him in her room on January 22 2018.

Ngamngam was shot in the leg during a struggle over the firearm.

Ngamngam told the court: “Njara gave him and Gaga a lift in his vehicle. When they got close to her home where they were to alight, Njara told him to get out and drove off with Gaga. 

“After a while, Gaga came back ... She had bruises on her knees and thighs.” She said that Njara had jumped from the moving vehicle allowing her to crash.

Gaga also showed him threatening messages from Njara.

“In the messages, Njara threatened to kill Gaga. One evening at about 10pm, Gaga asked him to accompany her to the police station to lay charges against Njara,” the judgment reads.

“The police read the messages. They, with the police, went to Njara’s home. But he was not at home.

“The police asked Gaga to phone him from her phone and ask him to come to his home. Gaga phoned Njara and put the phone on speaker so that everybody could hear the conversation. Gaga asked to meet him at home. He asked the deceased what the police wanted at his home and refused to come to meet them. The police gave up and they went home. The threatening messages continued, to the extent Gaga had to obtain a protection order against him.”

On the fateful day, Gaga had gone outside and “suddenly came back and locked the door behind her”. Njara pushed the door and demanded she go outside.

“He was carrying a gun and he fired a shot through the glass opening of the door. She fell on the other side of the washing machine. He again shot at the deceased while she was lying on the floor. He turned and pointed the gun at Ngamngam, who jumped for Njara. They wrestled over the firearm.”

Ngamngam told the court he managed the disarm Njara.

“He testified that he was of the view that Njara had planned to kill Gaga because he came on foot,” the judgment reads.

Njara’s version was he shot in self-defence while visiting Gaga.

“He pushed the door open and met with Gaga. He asked why she did not respond to his knock. She said she had been sleeping. At that juncture someone pounced at him around his waist and took out his firearm which was tucked in his waistband,” the judgment reads.

“That person turned out to be Mr Ngamngam. They both struggled for the possession of the firearm. During that process, the firearm discharged a shot. He did not see where the bullet landed. After a while, a second shot went off. The tussle continued outside the rondavel. A third shot was discharged while they were outside. He noticed that the firearm had jammed.”

Njara claimed to have let go of the firearm and run away. He brought the appeal on grounds that the state had failed to prove the killing was premeditated and planned.

Njara said the court had failed to find that Gaga’s death and Ngamngam’s injury were due to the scuffle over the firearm.

But the court found nothing compelling in Njara’s argument and dismissed the appeal.

“The evidence that has been accepted is that Njara planned to kill Gaga for some time. He sent threatening messages to Gaga,” the judgment reads. 

“A protection order was granted against him. On one occasion he forcibly left with Gaga, who later came back with bruises on her legs. As if that was not enough, he came to the home and shot her. His intention was to kill her because he shot her on the forehead and on the collarbone while lying on the floor.

“She was a defenceless woman who lost her life at the hands of Njara who did not accept her rejection. Mr Ngamngam was fortunate to survive with only a bullet wound to his leg. The sentences ... are justified under the circumstances and there is no reason for this court to interfere with them.”