MEMBERS OF A RUTHLESS GANG HANDED HEAVY SENTENCES
The High Court of South Africa: Western Cape Division handed down heavy sentences to members of the “Ama Don’t Care” gang after their conviction on charges of aiding and abetting
criminal activities of a gang, three counts of murder, attempted murder, three counts of illegal possession of firearms and two counts of illegal possession of ammunition.
The court convicted
Dawnay Davids (20), for the premeditated murder of Christopher Cornelius, the murder of his four-year-old granddaughter, Likeshia Joubert, illegal possession of a firearm and illegal
possession of ammunition. He was sentenced to 20 years direct imprisonment for each murder, seven years direct imprisonment for aiding and abetting criminal activities of a gang and five
years imprisonment for illegal possession of a firearm and illegal possession of ammunition.
Handing down the sentence, Judge Robert Henney, emphasised that the accused was 16 years old when he committed the brutal cowardly crimes and that provisions of the Child Justice Act
75 of 2008, would be applicable. He ordered the sentences to run concurrently, leaving the accused to effectively serve 20 years of direct imprisonment.
Mahlubandile Jacobs(25), was sentenced to 10 years direct imprisonment for aiding and abetting criminal activities of a gang, life imprisonment for the premeditated murder of Cornelius, life imprisonment for the murder of
Joubert, life imprisonment for the murder of Glenda Ruiters, and 22 years direct imprisonment for the illegal possession of firearms and illegal possession of ammunition.
Moegamat Swarts (24), was sentenced to 25 years direct imprisonment for the murder of Ruiters, 10 years direct imprisonment for the attempted murder of her daughter, Nikita Ruiters, 8 years
direct imprisonment for illegal possession of firearms and illegal possession of ammunition. The court ordered the sentences to run concurrently meaning the accused will serve an effective 25
years of direct imprisonment.
The leader of the gang, Vincent Davids (31), was sentenced to 10 years direct imprisonment for aiding and abetting the criminal activities of a gang, life
imprisonment for the murder of Ruiters and 12 years direct imprisonment for the illegal possession of firearms and illegal possession of ammunition. In addition, the court declared all the
accused unfit to possess a firearm.
These commendable sentences follow Adv Liezel Scholzel’s, successful prosecution of the gang members who terrorized the community of Uitsig, near
Ravensmead.
Incidents leading to today’s sentencing started on 25 March 2019, when (Dawnay) Davids and Jacobs accompanied by other members attempted to extort money from Cornelius. After he refused, they indicated he would be killed. The next morning, 26 March 2019, Cornelius was standing next to his bakkie while his four-year-old granddaughter, Joubert, was playing with other children around the vehicle outside their Geranium Street home. (Dawnay) Davids and Jacobs walked past them and demanded money from Cornelius once again and he again refused to give them money. They left, but both returned with Jacobs firing several shots at Cornelius who sustained gunshot wounds to the head and abdomen and died on the scene.
Joubert sustained a gunshot wound to the chest and died on her way to the hospital. The two ran away from the scene and even changed clothes with another member of the gang to disguise that they were involved in the shooting.
(Glenda) Ruiters’ sin was witnessing Cornelius and Joubert’s shooting, while she stood outside her house, opposite and facing Geranium Street. She told her family members that she feared for her life, as one of the shooters ran past her after the shooting. Eleven days later, on 7 April 2019, she was shot at point-blank range when she opened the door to (Vincent) Davids, who was accompanied by Swarts. Swarts fired shots at (Nikita) Ruiters but missed as she bent down to help her mother.
Arguing for a fitting sentence, Adv Scholzel, said:
“The Western Cape is under siege, there is no better way to describe it. Communities are being held captive by people like the accused. Considering the extremely high prevalence of these crimes within the Western Cape and the outcry of society for protection from these types of crimes and the victimisation caused by criminal gangs, there can be no alternative than the long-term imprisonment of all four of the accused.
Members of the “Ama Don’t Care” gang simultaneously advertised their violence to ensure compliance by the community whilst also making sure that those who may give evidence against them, cannot do so. Because of this, their flagrance knows no bounds.
“Society demands that wanton criminal acts as displayed by the accused should not be left unpunished. It demands of the courts to send out a clear and strong message that such acts of criminality will not be countenanced and further demands that the strictest and severest punishment should be meted out to individuals such as the accused. It is also for these reasons that the law has prescribed certain sentences that the court should impose in cases like these and why the law must continue to develop to protect the most vulnerable members of our society.”
Judge Henney concurred:
“”This case once again illustrated the scourge of gang activity, which usually takes the form of violent and murderous conduct which negatively affects our society, especially on the Cape Flats.”
The Director of Public Prosecutions in the Western Cape Adv Nicolette Bell applauded the investigating and prosecution team who worked tirelessly and under trying times to ensure justice for the victims of these crimes.
