Durban -
The country was in an uproar about the murder of farmers who were the most vulnerable people in South Africa, Durban High Court Judge Shyam Gyanda said on Thursday.
They were threatened all the time because they lived far from the police and protection, he said, adding farmers were also leaving the country in their droves – and food supply was going down as a result.
This, the judge said, had affected the whole country.
The worst crimes were when criminals invaded people’s homes and robbed and murdered them, he said, adding that “a man’s home is his castle” and that people had to spend thousands on security.
In the area where he lived, there were boom gates and foot patrols, which all cost a lot of money, Judge Gyanda said.
And criminal acts affected the economy with insurance premiums increasing.
“In fact, we live in prison while the crooks walk free.”
The judge was listening to argument in mitigation of sentence of three men – Scelo Meshack Matabane, 31, Siyabonga Innocent Xaba, 24, and Khulekani Wonderboy Mathonsi, 33 – whom he had found guilty of murdering John Noble, 72, and his wife of 50 years, Hester, 68, at their smallholding in Shongweni, in November last year.
The trio were also found guilty of robbery with aggravating circumstances.
Noble was assaulted, bound and gagged and was found with wire and a sticky bandage around his mouth.
He was attacked in his garage after the gang lay in wait for him and he died from head injuries.
His wife, an emphysema patient who depended on bottled oxygen, was found strangled in her bedroom with her own oxygen tubing.
State prosecutor, Nadira Moosa, said it was tragic that what was a life source to her was used to end her life.
After murdering the couple, the gang ransacked their home, loading their loot up in the Nobles’ vehicle and getting rid of some of their haul by selling it to receivers.
The judge said that the time had come for the courts and the police to clamp down on the receivers.
There would not be an offence if criminals could not dispose of their stolen items.
The court heard that some of the loot was sold for a song, with one expensive watch, which contained diamantes, exchanging hands for R20.
The Nobles were a frail couple in the twilight of their lives and in spite of strong security at their rural smallholding, they were robbed of more years of life, the judge said.
Matabane and another man, Philani Shange (charges were withdrawn against him earlier), who was allegedly with the gang on the night of the double murder, had worked for the Nobles, but had both been fired because of alleged theft.
Gyanda said that the trio must have had murder in mind, as they knew that John Noble would have been able to identify Matabane and Shange.
It was a terrible offence and the judge said he could only imagine what other family members must be feeling as the Nobles were two old people who lived on their own.
“They must blame themselves… maybe if they were there… but maybe they would have been killed as well,” he said.
Advocate Bonke Buthelezi for Matabane, advocate Ali Essop for Xaba and advocate Joseph Kilani for Mathonsi, told of their clients’ personal circumstances, urging the court to deviate from the minimum life sentence.
Kilani said the reality of the lives of offenders should be considered by the courts, which should also show some mercy.
But Judge Gyanda said that the trio had shown no mercy.
Sentence will be given on Friday.
Daily News