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Sithole family conflicted over killers' sentences

shy: Suspects in the murder of Mozambican trader Emmanuel "Sithole" Josias appear in the Alexandra Magistrate's Court, Johannesburg, yesterday. They did not apply for bail as expected and were remanded in custody Photo: Veli Nhlapo
shy: Suspects in the murder of Mozambican trader Emmanuel "Sithole" Josias appear in the Alexandra Magistrate's Court, Johannesburg, yesterday. They did not apply for bail as expected and were remanded in custody Photo: Veli Nhlapo

Family members of the slain Mozambican hawker Emmanuel Josias Sithole had mixed feelings about the sentences a Johannesburg magistrate handed down to his attackers on Monday.

Peter Sithole‚ an uncle of the man killed in April last year‚ said he felt that the court was too lenient on the men who killed his nephew.

“The sentences are too little for killing someone. Emmanuel will never come back to us. These guys will be out [of] jail in [a number of] years‚” he said.

“If they are truly remorseful‚ they must go to his [Emmanuel’s] graveside and ask [to make] an apology there.”

Magistrate Lucas van der Schyff sentenced Mthinto Bhengu and Sifundo Mzimela to imprisonment of 17 and 10 years respectively.

Bhengu‚ 22 and Mzimela‚ 21‚ were found guilty of murdering Sithole in November last year and a youth‚ who has since turned 18 years old but may by order of the court not be named‚ was found not guilty of murder but convicted of assault and theft.

Sithole was killed on April 18 last year after demanding money from some of the accused‚ who had taken cigarettes and sweets from his stall without paying in Johannesburg’s Alexandra township. The killing came during the spate of xenophobia attacks that swept through parts of the country.

Van der Schyff said Bhengu failed to show any compelling circumstances that would prompt the court to deviate from the prescribed minimum sentence of 15 years for murder‚ but said that Bhengu deserved a longer sentence instead.

Van der Schyff said because Mzimela merely acted in common purpose with Bhengu but his actions did not actually cause Sithole’s death‚ he was willing to sentence Mzimela to less than the prescribed minimum.

The youngster was sentenced to five years but it was suspended for five years‚ which means he won’t serve time behind bars if he follows the rules set down for him. He was released under supervision on condition that he partakes in rehabilitative programmes‚ consults with a social worker every week and refrains from taking any drugs and alcohol.

Peter said he was especially upset by the youth’s lenient sentence.

Another uncle of Sithole‚ John‚ agreed that the court was too lenient with the young man but said he was happy with the other two men’s sentences.

John said the family had lost a bread-winner‚ but was happy that justice had been done.

National Prosecuting Authority spokeswoman Phindi Louw said they welcomed the sentences.

Tshega Ntake‚ the attorney representing Bhengu and Mzimela‚ said his clients will not appeal.

 

— TMG Digital/TMG Courts and Law

 

 

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