Trio guilty after spate of fatal robbies

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Published Sep 30, 2016

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Durban - Three men were found guilty on Thursday of committing a spate of armed robberies in 2011, within days of each other, which resulted in six deaths.

However, during arguments for sentencing, the trio’s attorneys said their clients had learnt their lesson after spending about five years in jail.

“Your client killed four people, three in this case, what does that tell you about the respect and sanctity for human life?” Durban high court Judge Kate Pillay asked Bongani Khambule’s lawyer, Siboniso Mthembu.

Mthembu was the first of the three defence attorneys to refer to their clients learning a lesson while in jail.

Khambule, 32, and his co-accused, Sibongiseni Ncikazi, 28, are serving a 22-year prison sentence for a murder they committed together in 2008. They were convicted and sentenced in 2012.

Ncikazi’s brother, Thamsanqa Sokhela, 33, is the third accused.

All three are expected to be sentenced on Friday.

The trio, along with three others, were arrested in 2011 by investigating officers Warrant Officers Rajan Govender and Ivan Padayachie as well as other members of the police provincial task team. The six were believed to be among KwaZulu-Natal’s most wanted criminals.

All six pleaded not guilty at the start of the trial in 2012 and last year, after an application to have the charges against them withdrawn, three of the six were acquitted.

There were a total of 18 counts of robberies that took place in 2011 in the Mariannhill, Pinetown area, where six people died.

On Thursday, Pillay acquitted three of being part of an enterprise involved in racketeering activities. She found that while there was “indeed a great deal of suspicion”, she was not satisfied they all worked as an enterprise because they had not been associated together in all the crimes.

According to the indictment, the men were accused of conspiring to rob people of their possessions, armed with guns.

Tavern

On February 4, 2011, it was alleged the three men and others arrived at Jabulani Tavern and stole money, liquor and cigarettes totalling R28 000. Only Ncikazi was found guilty of robbery with aggravating circumstances and two counts of attempted murder.

Ncikazi and Sokhela were convicted of robbery with aggravating circumstances and murder for robbing SJ General Dealers on May 24, 2011. They stole R2 000 and killed the owner, Johannes Mkhize, after taking his gun.

On June 6, 2011 a gang of men forced their way into Abednigo Mnisi’s home in Mariannhill. He was home with his wife, his children and their friends.

Khambule and Ncikazi were found guilty of killing Mnisi and stealing cellphones and money. Sokhela was acquitted on these charges.

Vimbindawo Lawrence Mkhize and his two children, were also victims of crime, when a gang entered his home in Mariannhill a few days later.

Shots were fired at Mkhize and his son Sifiso when they tried to prevent the perpetrators from entering their house. Mkhize died from a bullet wound to the lungs. Two cellphones and R500 worth of airtime and other valuables were stolen.

Pillay acquitted all three men on these charges as none of the victims had testified.

All three were found guilty of robbery with aggravating circumstances and murder on June 24, 2011.

They killed Sakhele Khuzwayo during this robbery at Ngcobo Tavern and stole liquor and cigarettes.

Khambule was also found guilty of killing husband and wife Mkhontembili and Delisile Jabu Shange in a robbery at their home on July 8, 2011. They were home with their two children.

Their daughter, Phindile Primrose Shange, was 14 years old when she testified. Pillay said she was a most credible witness whose evidence was detailed and coherent.

State advocate Rohith Ratanjee submitted a victim impact report on the incident and said the two children, now orphaned, had to be placed in foster care and moved from their home and their school.

He called for life sentences for the murders and 15 years for each of the robberies.

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