A former policeman who killed a Tembisa nurse will not serve any time behind bars.
Lucky Mudau pleaded guilty to killing Lebogang Vinolia Monene on February 9, 2022.
Mudau thereafter turned the gun on himself.
He is now wheelchair-bound and has been diagnosed with C5 Quadriplegia, rendering him unable to do anything on his own, including turning himself in bed, bathing, feeding himself, and using a bathroom, the National Prosecuting Authority (NPA) said in a statement.
The Johannesburg High Court this week sentenced Mudau to 25 years for the murder, which was wholly suspended for five years, on condition that he is not convicted of committing a similar offence.
According to the NPA spokesperson, Phindi Mjonondwane, the court arrived at this ruling following the testimonies of various people, which included that of Dr Raymond Mathebula from the Tshwane Rehabilitation Centre.
During his evidence, Mathebula outlined the diagnosis of Mudau’s quadriplegic medical condition.
“In addition, health workers from the Department of Correctional Services testified that they offer primary health services and therefore there is no correctional facility that can accommodate Mudau,” said Mjonondwane.
The NPA said Mirriam Mabe, who is the head of Health Care Services, further testified in detail that they provide primary health care services on an outpatient basis.
“They said they only attend to patients that require monitoring and observation over a short period.
“If the inmate condition deteriorates or does not respond to administered medication, they then refer that particular inmate to an outside facility (public hospital), and in severe cases, medical parole is invoked for such individuals for their families to provide self-care,” Mjonondwane said.
The NPA said the court called these witnesses as it was faced with the dilemma of dispensing a proportionate sentence, that must strike a balance between the circumstances of the accused, the interest of the affected family, and the interest of justice.
“The NPA is alive to the fact that the accused was convicted of brutally taking the life of Monene and that no sentence imposed by the court can match the loss of life and the pain and suffering her family continues to endure,” concluded Mjonondwane.