Defence of extreme provocation, self defense. There was no intent to kill, it was a imminent action, no premeditation, and the attack came from the dead. Anga winner as long as they use defence and prove there was no intention to kill, but to protect themselves. The lawyer needs to know his/her textbook. Basic criminal law nje
@@SolomziMjulwaa no, there was a fight, meaning imminent or immediate action was needed to stop the assault. There was no intention to kill, but to defend himself from harm through force. S v Sello states In order to successfully raise self-defence, an accused must show the following: (a) that it was necessary to avert the attack; (b) that the means used were a reasonable response to the attack; and (c) that they were directed at the attacker.
If the attorney or lawyer understands criminal law, they will win. I left the law field years ago but I know very well this case would be a easy win for me
My brother can you help with mine i bought a bike on December last year only to find out it ws stolen i cooperated trying to show em i am no part of that stolen bike except buying it unknowingly and now its back to the owner and iws arrested 3 weeks am still going that case and it moved to regional court.how bad can it be it starting to worrt me coz i bought a bike becouse i wanted to start a business ekasi but nw am charged with section 36
Yes mfw2 you might be right but that's not how they operate in the court of law... everything count's first thing yabo uma beke bathola ama finger prints akhe lo obulele kulendawo enguthayela not only esibambeni sombese that is a different story automatically usuvalelwe
Mr MC we thank you for your advices, I'm now more familiar with how the Law/Court operates sometimes cause sometimes ngokucabanga kwethu noma ngokuhluthuka sigcina senza izinto sizitshela ukuthi si right kanti ngokwe Nkantolo usungogwetshiwe nje 100%, Big Up Transformation Live🙏
Yaz okubuhlungu nje wukuthi asifundiswa lutho oluzoba wusizo okwangempela in real life. Mina ngingaka nje ngiyaqala namhlanje ukuyichazelwa kahle i self defense nomthetho wayo. Mkhulu omsebenzi owenzayo Menzisto, siyabonga.
Our law doesn’t require a victim to run unless they put themselves in a situation where harm was inevitable. The man was attacked at the place of his work by someone who had been clearly following him for some time. The only thing that can work against Mr Mtshali is that the weapon used is the one that normally requires multiple rounds of attack before the victim can die. The number of stab wounds would determine whether or not he will be found guilty of culpable homicide. It is common to find prosecutors going for the charge of murder in such instances so that when the elements of murder aren’t met the charge will be reduced to the one of culpable homicide. It is rare to find someone charged with culpable homicide from the onset.
As long as u are still living in SA uzoboshwa nje wathinta muntu Noma ngabe bekwi self defence. Ngathi kuboshwa iphoyisa ladubula isgebengu 🤷 kuba ncono Uma emaningi kwi response
Kukancane ukuth engaboshwa but it will depend on the number of holes he stabbed him.... second thing according to my judgement wafika okukqala emhlasele wakwaz ukuth ephunyunge ngemoto ye-staff.... after that wabona ukuth akasaphephila waphatha iskhali sokuzivikela ngenxa yokuthuka...okwesthathu wathi mayethuka kant useseduze kwakhe wabe esemlimaza and lo cc asebenza naye agcina exolelene naye it's either bayathandana kufihlelwa umawengane yakhe lomfe2 or babethandana....okwesine emvakokuth ehlasele nozwakwabo ababili asikho isinyathelo owasithatha ukuba report kwabakasidlodlo nokubenzela i protection order ukuth as from that day what ever is going to happen to you anytime anywhere anyhow they will be held responsible ngakhoke mfw2 my advice to you is umuthi ungawdlali wudle kempela 🤞🏽🤞🏽🤞🏽....wangsiza mina nawe ungaksiza 12% ukuth ungadabula but with umuthi 52%
But umthetho wase south African umasimba nje kahle kahle yingakho kumele our constitution must be canceled wonke lamasimba but angiboni kuthi angaboshwa because labantu baxolelana yena ebesangena ngani ngoba ibindlulile lento
Sounds like the BF was unemployed and depending of his gf. How did he have all that time to keep coming after this guy? Some if not most of the guys who depend on the woman are very jealous, overprotective and weak
Ngathi ngahlezi ngimlalele MC, he’s a good storyteller ❤
Leshonile nendaba zalo, eish kunzima langaphandle,sbonga abantu abafana nani a bakhathalele impilo zethu, s'bonga kakhulu❤❤🎉
Ey Mc Menzisto Bhuti, Siphila Ezikhathini Ezinzima Kakhulu😢😢😢Lona Ofile Kucacile Ubezifunela Ukufa Ngesandla SikaMtshali
All the way from Qwaqwa in Free State ❤
Thank you for this education,from Pedi man to you Bhutwam
My sake law doesn’t exist cos in most cases victims are the one who pay the price unfortunately
Ibhadi umuntu abizwe ngawe, kulòmhlaba kunzima
Self defense doesn't mean you won't be charged, unfortunately he will be jailed for that matter he won't serve anything less than 10 years
Defence of extreme provocation, self defense. There was no intent to kill, it was a imminent action, no premeditation, and the attack came from the dead. Anga winner as long as they use defence and prove there was no intention to kill, but to protect themselves. The lawyer needs to know his/her textbook. Basic criminal law nje
Kodwa ngoba umese wayesewuhlwithile so kwakmele abaleke nawo ngoba umnikaz womese akasenabungozi ,utsho umthetho
@@SolomziMjulwaa no, there was a fight, meaning imminent or immediate action was needed to stop the assault. There was no intention to kill, but to defend himself from harm through force. S v Sello states In order to successfully raise self-defence, an accused must show the following: (a) that it was necessary to avert the attack; (b) that the means used were a reasonable response to the attack; and (c) that they were directed at the attacker.
If the attorney or lawyer understands criminal law, they will win. I left the law field years ago but I know very well this case would be a easy win for me
My brother can you help with mine i bought a bike on December last year only to find out it ws stolen i cooperated trying to show em i am no part of that stolen bike except buying it unknowingly and now its back to the owner and iws arrested 3 weeks am still going that case and it moved to regional court.how bad can it be it starting to worrt me coz i bought a bike becouse i wanted to start a business ekasi but nw am charged with section 36
Watching from Emalahleni
Eyi My Buti ngempela la sekosiza yona i lawyer ngoba naye lomuntu wayemfuna phansi ❤🙌
MC Menzisto in the house
Syabonga brazo uphile njalo
Umuntu ezase ziphelile izinsuku zakhe zokuphila isoka lalosisi
Ngokwale "Roman-Dutch Law" kuzobanzima, that's why African customary law must replace lengcinezelo yomthetho ongengowalapha
Lingamgweba, udinga ummeli wangempela hhayi amahlathi
Wayevele ebizwa ukufa lomfo. Fanele kube self_defence
Yes mfw2 you might be right but that's not how they operate in the court of law... everything count's first thing yabo uma beke bathola ama finger prints akhe lo obulele kulendawo enguthayela not only esibambeni sombese that is a different story automatically usuvalelwe
😢😢 mele nje asho ukuthi wamphuca ummese wathi uyabaleka wambamba kwaphoqa ukuthi amgwaze naye wayengasaboni ngoba iqiniso masekwenzeka lezinto awube usabona lutho
Inkinga inkantolo ayikthathi lokho izothi wayengabaleki ngani ngoba uye owayesephethe iskhali
Watching from Mooiriver #JOBE
Watching from Durban Central 🎉
Mr MC we thank you for your advices, I'm now more familiar with how the Law/Court operates sometimes cause sometimes ngokucabanga kwethu noma ngokuhluthuka sigcina senza izinto sizitshela ukuthi si right kanti ngokwe Nkantolo usungogwetshiwe nje 100%, Big Up Transformation Live🙏
😢😢ibuhlungu lento yenzeke kumfoka Mtshali, akesthembe ngeke limugwebe leli cala
Ngthanda ngoba awu comforty imizwa yomuntu okbhalele but ukhuluma iqiniso, khona engikfundile nje Kade ngingakwazi kule story 🤝
Ei baqinisile mabethi lembula ingubo lingene. Ngomuthi and good lawyer anga wina
Good story teller 😢
Ngiyengizwe kuthiwa umuntu owabelwe ukuthi afe ngesandla sakho yinteyenzekayo ngempela makunje...syabonga Cebekhulu inzima indaba kaMtshali
Eish lingamgweba ngba wawthola ummese njr kwakmele amshaye angamgwazi sdalo
This is so deep 🥺 sisazoboshwa ngyabo💔 kuningi kuyasilandela bt asiyi kukona
Justice must release him ulande espan worse ebe senze peace no cc
❤❤❤❤ thanks for the lessons
Yaz okubuhlungu nje wukuthi asifundiswa lutho oluzoba wusizo okwangempela in real life. Mina ngingaka nje ngiyaqala namhlanje ukuyichazelwa kahle i self defense nomthetho wayo. Mkhulu omsebenzi owenzayo Menzisto, siyabonga.
LamaBoyfriend bodadwethu ayihlathi, muntu angalandelela uMtshali ngento yasemsebenzini, isthutha wayezibizela ukufa ngempela. LamaBf anesikhathi sonke MC Menzisto.
Good story teller❤
Watching from msinga kwamajozi ward 1
Siyabingelela bhuti Awuuuuu kodwa usungaze ulokhu ulandelela into engahlangene nawe ubhuti owashona nje yena waba nesikhwele esingenasidingo good luck ku bhuti ecaleni asezithola ekulo kubuhlungu ngoba usaphila IMPILO yokucasha
Uzoboshwa umfoka Mtshali, kwakufanele awuthathe umbese emva kwesigameko, ahambe nawo, bese ethenga omunye, aye emaphoyiseni eseyiphethe yomibili. Ayiphambanise imibese, athi nanku umbese abengihlasela ngawo, nanku owami ebengizivikela ngawo. Umufi ufe ephethe umbese eza nawo ezomjuqa. Eqinisweni umfoka Mtshali ubehlaselwa, kodwa ngesikhathi esephethe umbese, nguye ophenduke umhlaseli, ngoba umufi ubengeseyona ingozi njengoba uchaza Cebekhulu.
Asbonge lapho weMatete, wongikhonzela lapho kumfowenu uMcombololo muhler umsebenzi wakho wenkabi...
Ngebhadi kwakungaseyona i self defence ngoba ummese wayesemuphucile sewungakuye..Mina ngifuna ukuya la kusizi lomuntu ophatha isibhamu ngoba ukube lomfo wayephatha isbhamu, intombi ngabe yasho ukuthi loMtshali unesibhamu....indoda yayingeke ize ngobuso ngoba yayizobe yazi ukuthi uphatha isibhamu.
I'm enjoying this page🎉🎉🎉🎉
Kwa kumele ayi report from efika ekuqalen nje not sekonakele. But umthetho kumele ube fair laaa
Ayi report kuphi because emsebendzini bayayazi
Abuti MC we appreciate you🙏🙏
Ubafo akathole ummeli kunzima khona kodwa impela mayengathola ummeli uzolitola
Kulikhuni ukuba indoda bebestshela sakudlala
Uma ungaba nommeli ostrong ngeke limgwebe. Ngikufisela inhlanhla Hlabangani
I doubt he wil be sentenced coz his not the one who came with that knife and he was at work premises
Lembula ingubo lingene. Kunzima futhi wagwaza ephindelela, kodwa nxa ethole igqwetha elikhaliphile sengathola uswazwana olungenzima. Futhi naye waziyela kwaSidlodlo after ukugwaza lomuntu okubonisa ukuthi wayefuna okwenza okuqondile.
Wabizwa ukufa ngebhadi wahamba ngesandla sakhe
Syabong cebekhulu 🙏🙏🙏
watching from Secunda
Our law doesn’t require a victim to run unless they put themselves in a situation where harm was inevitable. The man was attacked at the place of his work by someone who had been clearly following him for some time. The only thing that can work against Mr Mtshali is that the weapon used is the one that normally requires multiple rounds of attack before the victim can die. The number of stab wounds would determine whether or not he will be found guilty of culpable homicide.
It is common to find prosecutors going for the charge of murder in such instances so that when the elements of murder aren’t met the charge will be reduced to the one of culpable homicide. It is rare to find someone charged with culpable homicide from the onset.
As long as u are still living in SA uzoboshwa nje wathinta muntu Noma ngabe bekwi self defence. Ngathi kuboshwa iphoyisa ladubula isgebengu 🤷 kuba ncono Uma emaningi kwi response
Masbonge it has a lesson
Watching from piet retief
Ngaze ngalithanda igama "FUNDUMUNTU"
sometimes it's better to walk away, and save yourself, but others think otherwise, fight, fight, fight and more fight, that's what they think
Inkosi u Mtshali angathi angaliwina Icala Lo washona kuhle ngoba uyisilima
Third comment
🎉🎉
MC uzoboshwa lowo mfoh coz umbese wasungakuye iyothi inkantolo umbese ubese ungakuye ubesengayona ingozi kwakumele amshiye
Wayondliwa manje wayezama ukuthi akhombise usis ukuthi umkhathalele kanjani 😢
Sesifikile
Umufi naye wayezeshisisa ngekhanda
I think i ndoda kasisi wayisicabanga ukuthi lomfokamtshali uyishende lasemsebenzini😢
Kukancane ukuth engaboshwa but it will depend on the number of holes he stabbed him.... second thing according to my judgement wafika okukqala emhlasele wakwaz ukuth ephunyunge ngemoto ye-staff.... after that wabona ukuth akasaphephila waphatha iskhali sokuzivikela ngenxa yokuthuka...okwesthathu wathi mayethuka kant useseduze kwakhe wabe esemlimaza and lo cc asebenza naye agcina exolelene naye it's either bayathandana kufihlelwa umawengane yakhe lomfe2 or babethandana....okwesine emvakokuth ehlasele nozwakwabo ababili asikho isinyathelo owasithatha ukuba report kwabakasidlodlo nokubenzela i protection order ukuth as from that day what ever is going to happen to you anytime anywhere anyhow they will be held responsible ngakhoke mfw2 my advice to you is umuthi ungawdlali wudle kempela 🤞🏽🤞🏽🤞🏽....wangsiza mina nawe ungaksiza 12% ukuth ungadabula but with umuthi 52%
11k views kodwa 1k likes. Abantu bayancishana noku like ungaz ufunge kuyakhokhwa😂😂😂
Ey kodwa wahuzuka endaweni embi, ezansi kwebele. Umuphushe kanjani kanti?
provocation is not a ground of justification in crimal law but can be used as mitigating factor during sentence
we learn everyday
mng bra Menzi im sure usisi uyazisola.ngathi angathola usizo uMtshali.lento ifana nento eyenziwa ingane eskoleni uma ixabene nenye kuyothi makuphuma iskole kube khona igroup ezohlasela kusuke impi.udaba alibikwa kothisha zithembe abangani.
Sibonge bhuti, background song uculwa ubani?
He can rely on Private Defense as a ground of justification
How can it be proven ukuthi ubalekile kade umephuca isikhali before uziphindiselele?
Mans-rea
Unxilile umthetho, in a fight and flight response ungacinga njani uba baleka ube iskhali us'xuthile? Uphambene umthetho wase Mzantsi
Kungakithik lpho
Aww kant ukhulum into e crc
Mthatha is listening to this story
MC thank you
Immediately when he got full control of that knife, the perpetrator became a victim as he was unarmed. And he stabbed him multiple times
But umthetho wase south African umasimba nje kahle kahle yingakho kumele our constitution must be canceled wonke lamasimba but angiboni kuthi angaboshwa because labantu baxolelana yena ebesangena ngani ngoba ibindlulile lento
Tjo
😇😇😇
Danki Mc
Cha ngiyaluzwa lokudaba,ngithimlensizwa ayingatatazeli,ngibona izoliwina icala uma izokwazi i story sayo,uma kuliwa abamnyama amehlo lokonkwenza ukuthi noma usimphuvile umuntu iskhali akube ksafika ukuthi kube nguwe obalekayo bese uyamphindisela,lona wumbono wami,okokuthi yi murder,yebo kunjalo kodwa ummeli uyothi mesekhuluma ashintshe kungabi yi murder kube yi self defencce
Ave iyinkinga indoda e insecure Lindamkhonto. Yonke lento isuka lapho.
Sounds like the BF was unemployed and depending of his gf. How did he have all that time to keep coming after this guy? Some if not most of the guys who depend on the woman are very jealous, overprotective and weak