Durban - A Kwamashu man who murdered an 18-year-old teenager and then raped his female companion has been sentenced to two terms of life imprisonment.
Judge Shyam Gyanda on Tuesday said in the Durban High Court that convicted murderer and rapist Thulani Mlungisi Khanyile, 22, had committed a senseless murder and that civilians should be able to walk the streets without having to worry about the threat of criminals like him inflicting harm on them.
The judge also handed him 20 years’ imprisonment for robbery with aggravating circumstances. All three sentences are to run concurrently.
Earlier this month, Khanyile pleaded guilty to killing a Newlands East teenager, Delyn Emelio Louw, and raping his female companion (she cannot be named to protect her identity) in the early hours of October 27, 2013, in KwaMashu.
In his plea submitted in an affidavit, Khanyile said he and his friend, only known as “MJ”, had been out drinking at a local tavern. While walking, the pair came across Louw and his female companion. They decided to rob the teenager.
Khanyile got into a scuffle with the boy and when he real-ised he was being overpowered, he took out a knife and stabbed him - once in the chest and twice on his back.
He then stole Louw’s wristwatch, Converse All Star shoes and cellphone.
He added that the female was ordered to go with him and “MJ” to an abandoned shack where they each raped her.
The men took the stolen items and sold them for whoonga at a nearby taxi rank.
During arguments prior to sentencing, the defence advocate, Patrick Mkhumbuzi, admitted he found it difficult trying to convince the judge that the minimum prescribed sentence should not be handed out.
Mkhumbuzi said Khanyile’s mental capacity was diminished by smoking whoonga.
He said this addiction was brought about by his brother’s death in 2010.
State advocate Cheryl Naidu argued that Khanyile’s level of intoxication was easily questionable and because he provided a detailed account of the incident, his mental capacity could not be questioned.
She also pointed out to the judge that Khanyile had three previous convictions, for robbery and theft.
She told the court that his two theft convictions were only one week apart, in January 2011, and that Khanyile had not learned his lesson after being let off with a caution and discharged in both cases.
During sentencing, Gyanda said: “These past light sentences had no effect on you. You did not learn from your past transgressions. You were the prime offender and carried the knife; surely you knew stabbing him in the places you did you were going to kill the person.
“Every man and woman is entitled to defend themselves when being robbed. Louw would have been seen as half the man he was if he didn’t defend himself and the female. The rape victim is still stressed and shocked, while the loss of a son to his family must have felt like a deep cut into their hearts. They have also been robbed,” Gyanda said.
“People should be able to walk the streets freely without having to worry about criminals like you robbing them of their belongings, life and chastity. You pleaded guilty more as a case of saying ‘I give up, with all the evidence against me’, rather than showing remorse,” he said.
Louw’s father, Denzil Goliath, said after sentencing it would not bring back his son.
“I am extremely happy- I feel like God has answered my prayers. He will remain behind bars for the rest of his life and hopefully this will bring closure for my wife, who is still battling to get over the loss.”
Daily News