Pretoria - A murderer sentenced 20 years ago to an effective 65 years' imprisonment has, after two decades behind bars, complained that his sentence was “cruel and inhumane”.
In so doing, Simon Banda brought the so-called “Methuselah” sentence (one beyond a life sentence) under the spotlight in the high court in Pretoria.
He was sentenced in 1996 for robbing and killing a father and son.
Banda and two friends shot Bernd Strotkamp and his son Bernard at the Kwaggasrand petrol station in Pretoria West in the early 1990s.
The Strotkamps owned a petrol station and were counting the day’s takings when they were overpowered by the gang and robbed of R25 000. Both were shot dead.
Banda said his sentence was not only cruel and inhumane, but also degrading. It was simply impossible for a person to serve such a long sentence, he argued in court papers.
The State conceded the Methuselah sentence was inappropriate and agreed the court should intervene.
Banda was 33 when he was sentenced, and a father of three. His wife was a school principal. He also worked and earned a good salary.
Acting Judge MV Semenya, on appeal, said it was clear that Banda committed the robbery out of greed and not because of need. “He earned enough to cater for his family.”
The victims were simply killed for money, he said.
“I am unable to imagine anything more cruel and inhumane than a senseless and gruesome killing of a father and son.”
The judge said Banda and his gang killed innocent, law-abiding citizens, depriving their loved ones of a breadwinner. Banda and his gang deserved to be removed from society for a very long time, but the judge concluded 65 years was excessive.
The judge ordered this be reduced to an effective 30-year jail term, backdated to 1996 when Banda was sentenced.
The effect is that he will now be eligible to be considered for parole.
Pretoria News