State calls for life imprisonment for Oyingcwele’s killer

GONE: Oyingcwele Zokufa, 2. Photo: Supplied

GONE: Oyingcwele Zokufa, 2. Photo: Supplied

Published May 27, 2021

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MZIMHLE Jikwana, the man convicted of kidnapping and the premeditated murder of two-year-old Oyingcwele Zokufa will know his fate in two weeks.

The 32-year-old man is expected to return to the Western Cape High Court on June 9 for sentencing.

Oyingcwele went missing on August 26, 2018, after Jikwana had an argument with the toddler's aunt Aviwe, who, at the time, allegedly ended their intimate relationship.

The toddler's body was found four days later, in a shallow grave, in the bushes on the side of the N2, near Philippi, after Jikwana apparently led the police to where he had buried the child.

Jikwana was found guilty of kidnapping and premeditated murder last year.

During a pre-sentencing report earlier this month, director of The Children’s Institute at UCT, Professor Shanaaz Mathews described Jikwana’s behavioural patterns as someone who took pleasure in being in control, dishonest and a manipulative person, who has uncontrolled anger.

It had emerged in court that he had promised to bring back the toddler to the mother on three occasions, instead, he allegedly took police and the family on a wild goose chase.

It was further found Jikwana made a number of threats, including bringing Oyingcwele back in a Tupperware container.

During sentencing arguments yesterday, State advocate Pulane Thaiteng argued life imprisonment, as Jikwana’s attitude showed a lack of honesty and remorse.

She said the accused pleading guilty to his crime does not stand as remorse due to factors including that he has never apologised to the family.

“There is evidence that he keeps contacting and taunting Aviwe on Facebook. The offences committed are serious and, in passing of sentence, the court is to consider the mind games and psychological torture endured by the family, community and authorities. In the pre-sentencing report, the accused vows to die with the truth and to withhold information,” said Thaiteng.

Thaiteng also recommended that Jikwana be declared unsuitable to work with children in terms of the Children's Act, and unfit to possess a firearm in terms of the Firearms Control Act.

In mitigation of sentence, for the defence, advocate Mornay Calitz said Jikwana did apologise through counsel.

“Let’s put aside all the different versions that the accused has given. The important factor is that he admitted to killing the child and that goes to the heart of this matter. As for reasons why he did it, it doesn’t detract from ‘I did it’, he owns up to it.

“He pointed out the body and initially pleaded guilty on both counts, with the expectation of the murder being premeditated. So this is not an accused who says he doesn’t know anything. In my experience, I don't know how often one gets that in this court,” said Calitz.

Calitz said he submitted various substantial and compelling circumstances not to impose life imprisonment, but accepts it should be a long sentence.

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Crime and courts