31 Oct 2022

 Xhao Xite, who axed his girlfriend to death at Kuke settlement was on October 27 convicted and sentenced to five years imprisonment for murder with extenuating circumstances.

High Court Judge Dr Zein Kebonang found Xite guilty of killing his girlfriend with an axe on February 2014.

Judge Kebonang sentenced him to  five years in prison, with a custodial credit of one year one month being the period he spent in prison while the case was committed to the High Court for trial.

Judge Kebonang said though the offence committed by Xite was a serious one and involved a loss of life, the court could not ignore the exceptionality of its circumstances and the local circumstances of the parties.

He said he was convinced by Xite and his attorney Lyndon Mothusi’s argument that Xite was provoked by the deceased with the revelations that the three children he thought were his, were in fact not.

“This psychological trauma in my view cannot be explained or judged by hindsight. The revelations constituted exceptional extenuating circumstances,” the judge stated. Judge Kebonang further said the fact that Xite is from a San community, which he said was a marginalised community with no pyscho-social support, could not be over looked. 

He said the delay of eight years in prosecuting this case and its harmful effect on Xite was a matter that must be taken into account in determining what the appropriate sentence should be.

“While awaiting trial the accused observed all the bail conditions and has not in that time committed any offence. He also does not have any previous convictions,” Judge Kebonang stated.  

Previously in a sworn evidence, Xite did not deny killing the deceased corroborating his confession statement, but maintained that he was provoked by the deceased.

He argued that on the day they were (him and deceased) supposed to go for HIV testing the deceased resisted and spilled the beans that three children were not his.

One state witness Ms Oarabile Ntamo, a community development officer who was  stationed at Kuke settlement at the time of the incident said a month prior to the murder she counselled both the accused and the deceased as their relationship was going through a rough patch.

State Counsel, Mr Moagi Ndlovu had submitted that there were aggravating factors, saying that  the deceased  was a defenseless  woman yet the weapon used to kill her was  the most lethal one  and was used indiscriminately. ENDS