#EmmanuelSithole: ‘I’m crying over judgment’

Published Feb 2, 2016

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Johannesburg - “I’m crying over this judgment. Someone who has killed another human should have a stronger sentence.”

The grandfather of Mozambican hawker Emmanuel Sithole, who was murdered in Alexandra last year, was left reeling, anguished and empty by the sentences handed down to his grandson’s killers on Monday.

Sifundo Mzimela and Mthinta Bhengu, both convicted of murder, were sentenced to 17 and 10 years respectively by magistrate Lukas van der Schyff in the Johannesburg Magistrate’s Court.

The third suspect, who cannot be named because he was a minor at the time of the assault, was convicted of assault and theft and sentenced to five years, suspended.

But Sithole’s grandfather, Peter, was not satisfied with the sentences.

“A sentence of 10 years and 17 years is not a sentence for someone who has killed another. He will get out of jail and he’ll be seen (by his family).

“Where will we see our son?” asked an emotional Peter in isiZulu.

Referring to an apology made to the Sithole family by Mzimela’s mother on his behalf, Peter said his grandson’s killers should visit Sithole’s grave in Mozambique and make their apologies there.

Van der Schyff had harsh words for the convicts, especially for Bhengu, whose image - as he was poised to stab Sithole with a knife - was splashed on the pages of many newspapers.

“Emmanuel Sithole’s murder was as senseless as it was brutal. It is totally unnecessary that a man should lose his life in such an undignified manner,” he said.

“Accused number one (Bhengu) is clearly not really remorseful and still blames the deceased for what happened to him.”

He pointed out that Bhengu had previously served a six- month prison sentence for assault with intent to do grievous bodily harm, and as a result, the minimum sentence of 15 years’ imprisonment for murder would not be sufficient.

“A person like accused number one, who already has a previous conviction, is a danger to society and should be removed for a really long time.”

Bhengu kept his head down through most of the proceedings and covered his face with his hands when journalists tried to photograph him.

Van der Schyff said the minor had shown potential to change his ways and would not be sentenced - provided he complied with monitoring by his probation officer and went on programmes intended for his rehabilitation during the next five years.

Sithole’s stepmother, Mamosebetsi Mofokeng, said her stepson’s death had an irreversible impact on their family.

“That woman sitting in Mozambique will never see her child; those small children back in Mozambique will grow up without their father.

“Those wives in Mozambique will never see their husband. They will only go to the grave and speak to it.”

The National Prosecuting Authority welcomed the sentence.

“This is one of the most important cases for the NPA, reason being we uphold the right to life, and as the NPA we’ll do anything in our power to protect the right to life, and we therefore strongly condemn the senseless killings of human beings,” said spokeswoman Phindi Louw.

@Gabi_Falanga

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The Star

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