Cape Town - The four men accused of terrorising the Uitsig community as part of the “Ama Don’t Care” gang, and of killing 4-year-old Likeshia Joubert in Uitsig in March 2019, have been convicted in the Western Cape High Court.
Dawnay Davids, 19, and family members Mahlubandile Jacobs, 25, and Vincent Davids, 31, were on trial alongside Moegamat Swarts, 23, for their alleged involvement in the murder of Likeshia, her grandfather, Christopher Cornelius, 46, on March 26, 2019, and the subsequent murder of Glenda Ruiters, 56, on April 7, 2019, who the State alleged was killed because she was a witness.
Judge Robert Henney found Davids, 19, and Jacobs guilty of the murder of Cornelius and Likeshia.
In terms of the Prevention of Organised Crime Act (POCA), Judge Henney said: “I am satisfied … that accused one (Dawnay), two (Jacobs) and four (Davids) committed the … predicate offences, necessary to constitute a pattern of criminal gang activity, either individually or collectively, when they committed the offences.”
Judge Henney said State advocate Lezl Scholzel had at the very least shown that they belonged to the “Ama Don’t Care’s” gang at the time the crimes.
From the evidence, it was clear the three family members had gone to the home of Cornelius the night before he was killed, and tried to extort money from him, he said.
“It is clear from the discussion that ensued that the purpose of the visit was to intimidate the first deceased as a gang.
“The next day accused four (Davids) was roaming around the area while accused one (Dawnay) and two (Jacobs) in a carefully planned attack proceeded to assassinate the first deceased,” he said.
Judge Henney said the evidence, however, was not enough to link Davids, 31, to the killing of Cornelius.
He said the purpose of Jacobs, Swarts and Davids being at Ruiter’s home with firearms on April 7, was to execute an assassination, and they were convicted of her murder.
“A person had observed the brazen commission of two murders by two members of criminal gang, whereafter in a cold-blooded, brazen manner they assassinated her.”