Murderer jailed for eight years

Lebogang Mosikare | Thursday March 12, 2015 17:06

The sentence was backdated to April 1, 2012 when the accused was detained.  The court heard that Khumalo killed Ipolokeng after the deceased threatened to stab him with a knife at an alcohol-drinking place.

The deceased charged at Khumalo who managed to overpower him, took the knife from him and stabbed him. Passing sentence Justice Zibane Makhwade said that there were extenuating circumstances that led to the accused killing the deceased.  “A reasonable member of society should not be shocked by sentences that the courts sometimes pass. The minimum sentence of murder ranges between 10 and 25 years.  “A life lost can never be recovered that is why the right to life is cherished by the constitution. All relevant factors should be taken into consideration before passing sentence,” said Makhwade.

Makhwade stated that the accused was a first offender adding that at the time of the commission of the offence he was only 20 years old. Furthermore, the judge said Khumalo finished school at Form Two and was raised by his mother and that he was also taking care of his two siblings. The judge added: “The accused is also of ill-health and is due for an operation. There was an element of provocation, which made him to commit the offence. He cannot solely be morally blamed for the offence and his case is similar to manslaughter.

“The accused was drinking alcohol when the offence occurred but he did not set out for purposes of being a public nuisance. If people could drink alcohol responsibly cases of this nature were going to considerably decline.” Makhwade stated that it is high time the authorities come up with measures to prevent people carrying knives to avoid many losses of life due to stabbings.  Makhwade advised Khumalo to appeal to the Court of Appeal in six weeks if the conviction and sentence or both do not satisfy him. Attorney Antonio Luanda represented Khumalo.