Nobangule admitted that the crimes Mthunzi had been convicted of were serious and said the court was free to impose any sentence it deemed appropriate, after having weighed all factors.
“The court is at liberty to impose a non-custodial sentence that will serve all aspects of punishment.”
Nobangule said direct imprisonment was one of the purposes of punishment, which was retribution. However, this was not only achieved through direct imprisonment.
“The cumulative effect of all these circumstances must point towards a non-custodial sentence being an appropriate form of sentence.”
Nobangule said the court should also take into consideration that it had been 22 years since the offences were committed, and that Mdluli was a core primary caregiver for his family and extended family.
Sentencing proceedings continue.