Durban - Friends and family of slain uMlazi teen Sinethemba Dlamini were up in arms on Friday when, after finding four women guilty of her murder, a Durban High Court judge said the killers could remain free until sentencing next month.
“There is no justice,” a woman cried outside court.
After discussion between the State and the defence, the women’s bail was fixed at R5 000 each.
This was because one of the women was a primary caregiver, and to facilitate the compilation of pre-sentencing reports.
Sentencing was set down for next month, to allow for sufficient time for these reports to be compiled.
It was understood that the defence would consider calling for alternative sentences, such as correctional supervision.
Fundiswa Faku, Lindelwa Jalubane, Nokubonga Jalubane and a minor, who could not be named, were stoic, and stared blankly ahead as Judge Philip Nkosi declared them guilty of murdering 15-year-old Sinethemba in her K-Section home in March 2012.
The women were all related to Sinethemba.
During his judgment, Nkosi went through evidence brought before the court that Faku had beaten Sinethemba with an ironing board, before pulling her legs apart – until there a was a “cracking sound” – and removing 8.8m of bowel, as well as her spleen, through her vagina.
Both the Jalubanes and the unnamed minor apparently held Sinethemba down.
The women believed she was possessed by demons and were trying to extract a “code” from within her body.
But Nkosi said the women had no valid defence in law and that “aberration (could) not be permitted to take solace in the shadow of beliefs”.
In evidence brought before the court, it was suggested that the “demon” which had possessed Sinethemba had shifted to Faku at some point during the “exorcism”.
The judge did not consider demon possession a defence.
The women said they thought Sinethemba would wake up after the “exorcism”.
But, Nkosi said such a “bizarre” thought could not afford the women an excuse for their actions.
“We can find no logical basis for such a belief,” he said.
Disembowelling Sinethemba would bring certain death, he said.
“Such a result would be certain to any person with a molecule of intelligence.”
While Faku committed the act which ultimately led to Sinethemba’s death, the judge said the Jalubanes and the minor were endowed with the mental capacity to make or take on decisions and saw the extent of violence perpetrated by Faku before and during Sinethemba’s murder.
“But they opted not to disassociate themselves from that conduct.
“Instead, they participated in it by choice,” he said.
Sinethemba’s grandmother, Nokulunga Agnes Dlamini, 55, wept throughout the delivery of Friday’s judgment.
Speaking outside court, she said the trial had taken too long and was upset that sentencing had not been set down for a sooner date.
“But I will be here until the end,” she said as she looked down at a school photograph of a smiling Sinethemba with sparkling eyes.
Daily News
* Use our Facebook and Twitter pages to comment on our stories. See links below.