TWO MEN WERE SENTENCED FOR MURDER AND ROBBERY IN A TAVERN
The High Court of South Africa: The Mpumalanga High Court sitting in Graskop, has sentenced Lawrence Menzi Mashego (31), from Marite and Ramodimo Sandton Mailula (32), from Acornhoek to harsh sentences for the murder of Jabulani Piet Nxumayo, and culpable homicide of their co-assailant. Mashego was convicted of murder and two counts of robbery with aggravating circumstances and was sentenced to 22 years imprisonment for murder, and 10 years imprisonment on each count of robbery with aggravating circumstances.
Mailula was sentenced to life imprisonment for murder, 15 years for robbery with aggravating circumstances, 15 years for culpable homicide, 5 years for unlawful possession of a firearm and another 3 years for possession of ammunition. The court ordered all sentences to run concurrently with the sentence in count 1. Both accused were declared unfit to possess a firearm in terms of Section 103 of the Firearms Control Act 60 of 2000.
On 30 July 2021, the deceased was in a tavern in Ludlow Trust, in the district of Thulamahashe, when the accused entered the tavern and fatally shot Nxumayo, with a firearm. They robbed the patrons of their cellular phones, cash, and alcohol. They then instructed the cashier and the patrons to load alcohol inside the deceased’s motor vehicle (Toyota Hilux) and drove away with it. While driving away between Enenburg and Allandale Road, they were involved in an accident which fatally killed one of the co-assailants Zwelithini Kubayi (31). The police were alerted of the accident and when they searched the vehicle, they found the identity card, and driver’s license belonging to the deceased Nxumayo, as well as firearm and ammunition. This led to the arrest of the accused.
The pair pleaded not guilty and denied their involvement. However, state Adv. Thulani Msibi led evidence of various crime victims who were able to identify the two, as culprits. They told the court about the specific role played by each accused and the sequence of events linking them to the crime. Advocate Msibi further led evidence of confession from both accused. Post-mortem reports for the victims revealed that Nxumayo died of gunshot wounds to the chest, while Kubayi died of multiple blunt force injuries to the body.
During arguments, Msibi told the court that the accused did not show any remorse throughout the trial. He said the accused violated the deceased right to life and that human life has been senselessly lost at the cruel hands of the accused. The court considered all relevant factors and sentenced the pair accordingly.
The NPA acknowledges the conviction and sentence of the accused.
