The high court in Johannesburg has heard about the devastating effect the murder committed by Flavio Hlabangwane had on the family of his victim, Tshepang Pitse, who was not only his girlfriend but also his cousin.
Hlabangwane murdered and dismembered Pitse two years ago.
On Wednesday, the court heard how this had a devastating impact on both his and Pitse's families as her heartbroken father called for the convicted murderer to get a life sentence.
This emerged during pre-sentencing proceedings as well as the state and defence's heads of arguments ahead of his sentencing.
Hlabangwane was found guilty of premeditated murder, defeating the ends of justice and violating a corpse by the Johannesburg high court on January 31.
The 28-year-old confessed to killing Pitse saying he plotted to do so after discovering she had been unfaithful to him.
He was arrested in November 2021 after Pitse's body parts were found in his fridge. The discovery was made by his new girlfriend, who raised the alarm to neighbours and police.
Proceedings at the high court, sitting at the Palm Ridge magistrate's court, got under way after a nearly two-hour long delay with the presentation of the victim impact and pre-sentencing reports.
At the time of my consultation, regarding the day in question [Pitse's murder], he reported that he was not sober. He indicated that he was intoxicated with cocaine, which he had snorted with the deceased. That was the understanding that he had given me in terms of his soberness
— Probation officer Andile Buthelezi
Probation officer Andile Buthelezi was the first to take the stand and answered questions on the report he compiled at the request of Hlabangwane's lawyer, Tsakane Ndhlovu.
The report outlined Hlabangwane's upbringing, education, relationship with Pitse, substance abuse and mental challenges he's faced since the murder.
Elaborating on the substance abuse, Buthelezi told the court Hlabangwane had revealed he had started experimenting with cannabis in 2013 before progressing to alcohol and eventually cocaine.
Hlabangwane revealed he was introduced to the drug in 2018 with Pitse at a party the duo attended.
“He enjoyed the feeling and went out the following weekend to experiment the same feeling. Gradually he became addicted and would smoke at any given time when he had cravings [and] until his arrest for the current offence.
“At the time of my consultation, regarding the day in question [Pitse's murder], he reported that he was not sober. He indicated that he was intoxicated with cocaine, which he had snorted with the deceased. That was the understanding that he had given me in terms of his soberness,” Buthelezi said.
The court also heard Hlabangwane had experimented with crystal meth, which had made him lose touch with reality, become short tempered and irritable. He was apparently able to stop using it for a year but resumed using it when he found out about Pitse's infidelity.
It was this revelation that led Hlabangwane to begin plotting her death and researching ways to kill her, according to his confession.
Buthelezi then spoke about the actuarial science graduate's remorse and regret over his actions, reading out loud the handwritten letter the murderer wrote to Pitse's family.
In it, he told the family he was “deeply sorry” for killing her and begged their forgiveness as he waxed lyrical about his continued love for Pitse. He outlined how the crime had affected his family, who relied on his financial support and struggled to accept he had committed the offence.
Hlabangwane's mother also had to deal with the “double trauma” of losing her niece, whom she had raised since her mother's death in 2013. Pitse's mother and Hlabangwane's were sisters.
Prosecutor Johan Badenhorst rejected Buthelezi's assertion about Hlabangwane's remorse, questioning how genuine his regret was if he had not been truthful from day one.
“If he's not being truthful, how is it possible that he's remorseful?” he asked.
Badenhorst also called into question Hlabangwane's claim that he and Pitse only fought twice during their relationship, saying it was more than five incidents, including one where Hlabangwane chopped Pitse's hair off and she was forced to call him “my king”.
Also taking the stand was Pitse's father, Walter, who was probed on the victim impact report compiled for the state and clarified statements made by Hlabangwane on his daughter's substance abuse and the nature of their relationship.
Walter denied allegations his daughter, a fourth-year medical student at Wits University at the time of her death, took drugs or drank alcohol and that she was in any way financially dependent on Hlabangwane. Walter said he gave Pitse a R2,000 monthly allowance.
Nobody knew what happened to the deceased except for the accused and even at the beginning of the trial, there was no witness who was going to come and say 'this is exactly what happened to the deceased'
— Defence lawyer Tsakane Ndhlovu
Walter opened up about the “great loss” and heartbreak of losing his daughter as he urged the court to hand her killer a life sentence for the crime.
In the victim impact report, Walter revealed he was “deeply hurt” by his daughter's death at the hands of “someone who was supposed to be a brother to her”.
Wrapping up the matter, the state and defence presented their heads of argument in aggravation and mitigation of sentencing.
Ndhlovu cited Hlabangwane's youthful age of 28, his remorse for his actions, that he was a first-time offender and willingness from the start to confess as factors to be considered.
“When this trial started, he told this court that he wanted to plead guilty and even before we got to the trial stage ... he did a pointing out to the police when they asked him questions. He even took the police to where he had buried the head of the deceased,” she said.
“Nobody knew what happened to the deceased except for the accused and even at the beginning of the trial, there was no witness who was going to come and say 'this is exactly what happened to the deceased'. The evidence the state had at the time was that the deceased's body parts were found in the fridge in the house of the accused. The state did not have any idea as to what happened ... they could not even tell what was the cause of death of this deceased,” she said.
This prompted a comment from presiding judge Cassim Ismail Moosa, who said the evidence presented could bring one to the “inescapable conclusion” that “it is simply a tragic set of circumstances on both sides”.
The state argued: “One must take all those aspects ... and weigh them against the crime that the accused is facing. We know what the president says about the abuse of women and children and we see it all the time in this court. It is prevalent in this area's jurisdiction, it is prevalent in this country and I think the probation officer has really put together a good report where he says that this is serious.”
Badenhorst drove home his point by referencing the images taken of Pitse's body, comparing how her head was forcefully removed versus how her limbs were cut from her body.
The matter was postponed to May 16 for sentencing.
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