Tangeni Shiwala, an Okahandja resident, walked away a free man on Monday after the court acquitted him on a charge of murder.
Shiwala, 35, was on trial for the murder of Jonas Thomas.
Handing down judgement in the Windhoek Regional Court, Magistrate Elina Nandago noted the State failed to prove that he intentionally caused the death of Thomas on January 1, 2014 when he stabbed him with a knife.
There was a direct attack on the accused. But the State wanted Shiwala convicted on a charge of culpable homicide instead of murder on grounds that he should have foreseen that his action would result in death or severe injuries.
Shiwala lodged a no guilty plea at the start of his trial in March 2016. In his testimony he claimed he was attacked by Thomas after they got into an argument at the municipal compound.
After the argument Thomas pulled out a knife and cut Shiwala’s finger, leaving him with an open wound.
Shiwala said that after the cut he took out his okapi knife and stabbed Thomas. He had no recollection on which part of the body his knife landed.
He further stated that after he inflicted the stab wound, he immediately ran away.
In his defence Shiwala said he stabbed Thomas because he feared for his life.
“It is evident that the deceased started the fight and attacked the accused. There was a direct threat,” noted Nandago.
Nandago added there was a direct attack towards Shiwala.
During submissions the defence team hoped that the court would acquit Shiwala.
The defence team noted the State failed to prove that Shiwala did not act in self-defence when he fatally stabbed Thomas.
Menencia Hinda prosecuted while Mbanga Siyomunji defended Shiwala.