A South African businessman was sentenced to 12 years in prison for shooting his wife to death after he mistook her for an intruder in their home.

According to News24, businessman Musa Ntsibande shot his wife, Hlengiwe Msimango, twice with his licensed gun on August 3, 2020. In his defense, the businessman claimed he thought his wife was an intruder at their home in Norkem Park, east of Johannesburg.

South African Businessman Gets 12 Years in Prison For Killing His Wife

During the sentencing, Judge Moleboheng Mdalana-Mayisela of Gauteng High Court in Johannesburg said the court had to depart from the minimum sentence of 15 years due to Musa Ntsibande's six children.

"He has prospects of rehabilitation. The court is supposed to be the guardian of children. It must consider children when imposing a sentence. His personal circumstances warrant a deviation from the prescribed sentence," Mdalana-Mayisela said, as News24 reported.

"His eldest daughter committed suicide after her father was convicted. His other daughter was born with physical disability and is unable to walk... His son, [whom] he fathered with the deceased, now aged four, resides with Msimango's aunt and uncle... Ntsibande was denied access to his son [even though] he maintained his six children. His brother committed suicide while he was in prison," the judge added.

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Businessman in South Africa Convicted of Murder by Way of 'Dolus Eventualis'

Musa Ntsibande was convicted of murder by way of "dolus eventualis" last September. Under South African criminal law, "dolus eventualis" refers to a situation where an accused individual can objectively foresee that their action is likely to cause another person's death but continue to do it regardless of the consequences of their conduct.

The judge noted that the businessman's wife was killed in her bedroom, which was supposed to be "a place of safety," by "the person who was supposed to protect and love her."

Mdalana-Mayisela said Ntsibande knew that a gun is a deadly weapon, but he did not fire a warning shot. However, she noted that the court must still "distinguish between punishment and vengeance" and "consider all relevant factors" to impose a balanced sentence.

According to Mdalana-Mayisela, she believed the businessman no longer posed a threat to the public after he showed remorse for his crime. Ntsibande's employment history and being the family's breadwinner were also considered during sentencing. 

Ntsibande worked 12 years in Woolworths before he resigned to begin a construction business with a partner. The judge noted that the businessman "is a healthy person but [also] experiences stress and depression," which could be possible factors for why this horrific incident happened.

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