'lenient sentence'

15 February 2008 - 02:00
By unknown

Getrude Makhafola

Getrude Makhafola

Simphiwe Ncoguthu, the victim of a severe beating and torture at the hands of Ithuteng Trust officials, says he is disappointed in the justice system.

His kidnappers, including the institution's director Jackey "Mama Jackey" Maarohanye, were given light sentences by the Protea magistrate's court yesterday.

Maarohanye, 50, was sentenced to four years imprisonment with an option of an R8000 fine.

Her co-accused, Ronnie "Papa Action" Nyakale, 34, and Mpho Makhate, 24, were each fined R10000 or six years in prison.

"I am disappointed. What the magistrate said contradicts the sentences he handed out. She was supposed to go to prison," said an angry Ncoguthu outside court yesterday.

Ncoguthu was particularly bitter because he was forced to relocate from Orlando to an undisclosed place because of fear after he had laid charges against his assailants.

A former Ithuteng student, he was kidnapped and severely assaulted before being paraded naked in the street in early 2006.

He said he still suffered pains all over his body and when urinating.

Magistrate David Mhango disregarded Nyakale's previous conviction on possession of dagga 10 years ago and said that the state could not produce prove of the conviction.

Delivering the sentence, Mhango said that the law-abiding citizens of Soweto were tired of senseless crimes.

"Both crimes contain an element of violence, and the impression I get is that people in Soweto believe they can kidnap and do as they wish, hence the prevalence of such cases in court," said Mhango.

He also said that he hoped the sentences would prevent the accused from committing the same crimes again.

The defence had brought in three social workers who presented pre-sentencing reports on Wednesday.