Cape Town -
The bail of four people convicted of murder – among them an activist – for the necklacing of an alleged TV thief was reinstated on Thursday as the Western Cape High Court set in motion a process of restorative justice.
This process is aimed at reconciliation, as well as compensation for the family of the murder victim, Rowan du Preez.
It further emerged in court that the four could end up with non-custodial sentences.
Angy Peter, her husband Isaac Mbadu and their co-accused, Azola Dayimani and Christopher Dina, were found guilty about two months ago of the murder and kidnapping of Du Preez in Mfuleni in October, 2012.
Peter is a founding member of the Social Justice Coalition (SJC). Her husband also worked for the organisation, but they both resigned at about the time of their conviction.
Amid oral argument on thursday relating to sentencing, Judge Robert Henney raised the idea of restorative justice.
Later he said this would involve the “victims and perpetrators” sitting around a table and discussing the issues to reach a resolution.
At a later stage this might also mean a non-custodial sentence for them.
Among the reasons for this approach was that Peter and Mbadu had four children, the youngest of whom was 17 months old, who could end up being placed in a home and possibly separated.
Prosecutor Phistus Pelesa said he had consulted Du Preez’s family, who indicated that they were neutral and would trust the court to impose the most appropriate sentence.
He acknowledged that the case was “unique” as both the parents of the children were before the court.
However, he pushed for a sentence that would involve some time in jail.
Advocate William King SC, for Peter and Mbadu, and advocate Mduduzi Ndlovu, for Dayimani and Dina, indicated their clients were interested in the restorative justice route.
In reinstating the bail of the four accused, Judge Henney said it would not be in the best interests of their children to keep them incarcerated.
The case was postponed to February 12.
The parties are expected to engage under the facilitation of the SJC in a bid to reach an agreement.
Cape Times