He's not above the law
NO ONE is above the law, said the uncle of convicted murderer Molemo "Jub Jub" Maarohanye yesterday.
"Things are not looking good for us, but what can you do," asked Solomon Tsimile outside the Protea Magistrate's Court in Soweto .
Maarohanye's star fell in earnest when he and his co-accused Themba Tshabalala were convicted of murder.
Magistrate Brian Nemavhidi found the pair guilty on four counts of murder, two of attempted murder, use of drugs, racing on a public road and driving under the influence.
The court was filled to capacity and extra benches had to be brought in.
Nemavhidi allowed people to stand along the walls and others sat on the floor.
While Nemavhidi read his verdict, parents of the deceased children cried and at some stage Prince Mohube's mother fainted and had to be carried out the courtroom.
Tsimile said the Maarohanye family had requested several times to meet with the families of the deceased to no avail.
"It's how we do things in the African culture," he said. "We are still intending to meet them even though, so far, they have refused. We want to express our sympathy."
Tsimile is related to Maarohanye's mother, Jackie Maarohanye, better known as Mama Jackie, whose absence throughout the two-year trial had been noted. Tsimile refused to disclose her whereabouts or why she had avoided her son's trial.
Nemavhidi found that on March 8 2010 Maarohanye and Tshabalala "were acting in common purpose ... After the consumption of drugs, the accused drove at high speed, recklessly ignoring the road regulations and racing while subjectively seeing the danger of their action".
He accepted the prosecution's version of events as presented by state eyewitnesses, metro police officers, the police, medical practitioners and accident reconstruction experts.
He labelled both Maarohanye and Tshabalala as dishonest in their testimony and dismissed all but one of Maarohanye's witnesses as liars who failed to collaborate their "tailed evidence".
The state brought an application to have Maarohanye remanded in custody after he was found guilty.
Nemavhidi said Maarohanye failed to prove that there had been tampering with his urine and blood samples taken after the crash because evidence showed that the results of alcohol and drug tests showed the same results - positive.
The magistrates said the driver can be guilty of murder if subjectively he foresees the possibility of death while striving for his main aim and reconciles this possibility with himself and continues in his action.