SINDISIWE Manqele started serving her prison sentence for the murder of her boyfriend, Nkululeko “Flabba” Habedi, yesterday.
Her friends comforted her before cops led her to the holding cells of the high court sitting in Palm Ridge, Ekurhuleni.
Manqele failed to convince acting judge Solly Sithole, who convicted her, that another court might come to a different decision.
He told Manqele he didn’t believe her application to have her conviction and sentence overturned would succeed in other court.
“Having carefully read the record of this case and applied my mind, I have arrived at the conclusion that your application has to fail for lack of reasonable prospects of success. No other court will come to a different conclusion on your application for leave to appeal,” said the judge.
Manqele wanted Sithole to allow her to take both her conviction and sentence to the Supreme Court of Appeal.
Her advocate, Norman Makhubela, argued Sithole made a mistake by ruling that Manqele intended to kill Flabba.
He said this was because the judge separated the events that led to the stabbing into different segments.
Makhubela said when Flabba held his client and shook her violently, she had no other option but to push and stab her way free.
The state opposed the application, saying the stabbing was intentional and not accidental.
Flabba was killed at his home in Alexandra, north of Joburg, last year after an argument with Manqele. She was sentenced to 12 years imprisonment in March, with four years suspended.
Her attorney, Amanda Vilakazi, said they would petition the Supreme Court of Appeal.
– Daily Sun