The court should impose lengthy jail terms on the two men who in March were found guilty of the October 2021 murder of former Kaizer Chiefs star Lucky Maselesele.
Prosecutor Leswikane Mashabela made this call before the Johannesburg high court during sentencing proceedings of Xolani Gumbi and Luvuyo April on Wednesday.
Maselesele, 41, was murdered by a group of people in Tstsumani, Alexandra, after being accused of stealing electrical cables. He was assaulted and stoned.
Gumbi was 24 and April 16 years old at the time of their arrest.
Two social workers who presented their pre-sentencing reports after the accused had been found guilty, on Wednesday recommended that the men receive custodial sentences.
However, the correctional services department presented a report which said there were programmes that would not require the accused to be in custody while serving their sentence if the court were to grant a non-custodial sentence.
Mashabela said the two were convicted of premeditated murder, which legislation demanded that the court impose a prescribed sentence of life imprisonment on the adult offender.
Mashabela asked the court to sentence April to a lengthy term as he said he could not be sentenced under the law which imposes a life sentence for premeditated murder as he was a minor.
State calls for life sentence for men accused of murdering former Kaizer Chiefs star Lucky Maselesele
Image: Gallo Images
The court should impose lengthy jail terms on the two men who in March were found guilty of the October 2021 murder of former Kaizer Chiefs star Lucky Maselesele.
Prosecutor Leswikane Mashabela made this call before the Johannesburg high court during sentencing proceedings of Xolani Gumbi and Luvuyo April on Wednesday.
Maselesele, 41, was murdered by a group of people in Tstsumani, Alexandra, after being accused of stealing electrical cables. He was assaulted and stoned.
Gumbi was 24 and April 16 years old at the time of their arrest.
Two social workers who presented their pre-sentencing reports after the accused had been found guilty, on Wednesday recommended that the men receive custodial sentences.
However, the correctional services department presented a report which said there were programmes that would not require the accused to be in custody while serving their sentence if the court were to grant a non-custodial sentence.
Mashabela said the two were convicted of premeditated murder, which legislation demanded that the court impose a prescribed sentence of life imprisonment on the adult offender.
Mashabela asked the court to sentence April to a lengthy term as he said he could not be sentenced under the law which imposes a life sentence for premeditated murder as he was a minor.
Kaizer Chiefs mourning the death of former player Lucky Maselesele
It emerged that April, who was released on bail and placed under the care of his parents after his arrest, violated his bail conditions and was remanded in custody for the duration of the trial.
Mashabela said April had twice been sent to rehabilitation before the murder. He said at the commission of the offence, he was using drugs.
Lawyers for the accused said in mitigation of sentence that the two had shown remorse and took responsibility for their actions and these should be taken as substantive and compelling circumstances when the court considered sentencing. They also said they were first offenders.
However, Mashabela said the men did not admit to their crimes and the prosecution had to go through a full trial before the court found them guilty.
Mashabela said they only took responsibility for their actions after they had been convicted and when they were being interviewed by social workers.
The court will pass sentence on Monday.
TimesLIVE
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