BENONI KILLER SENTENCED TO 2 LIFE TERMS FOR MURDER AND RAPE
The Pretoria High Court sitting in Benoni, sentenced Phumlani Alfred Mike Nkosi (41), from Lindelani in Benoni to two life terms for 2 counts of premeditated murder, 12 years direct imprisonment for rape, 8 years direct imprisonment for attempted murder, 8 years direct imprisonment for attempted robbery with aggravating circumstances and 3 months for 2 counts of assault. The court ordered that he be declared unfit to possess a firearm and that his name be registered in the National Register for Sex Offenders.
In the early hours of the morning on 25 March 2011, Nkosi was at a local tavern in Lindelani when he argued with another customer and took out a knife. When the tavern owner who is an elderly woman saw that Nkosi was holding a knife, she instructed him to leave. On his way out, Nkosi started assaulting the tavern owner with an open hand. Muzi Moletsho, who was also at the tavern, tried to intervene and to stop Nkosi from assaulting the woman, in doing so Nkosi stabbed him to death in the chest and fled the scene. Years later, on 06 December 2020, Nkosi approached Sabelo Mthimkhulu, who stayed in the same area and accused him of breaking into his home and stealing his belongings. He then instructed him to bring back the stolen goods before the end of the day. When the goods were not returned, Nkosi went back to Mthimkhulu, stabbed him to death, and fled the scene. On 19 November 2021, a 33-year-old man and his girlfriend were walking back from the local tavern in Lindelani, at night when they were approached by Nkosi. He then stabbed the man to death and dragged the girlfriend to a nearby toilet where he raped her and fled the scene. After investigations, Nkosi was arrested at his place of residence on 03 March 2022 and has been in custody since after the NPA successfully opposed bail.
In court Nkosi pleaded not guilty to the charges. Through his legal representative, he asked that the court deviate from imposing the prescribed minimum sentences on the charges of premeditated murder, because it would be disproportionate in these circumstances and that a sentence of life imprisonment should be reserved for most serious cases only. However, state prosecutor Advocate Lawrence More, argued that Nkosi was a violent man that has been convicted of serious offences, he committed in and around his community as such he was feared by his community. Adv More, also told the court that Nkosi has a previous conviction of assault dating back to 2004, which is like the offences he has been convicted of. Furthermore, More handed in Victim Impact Statements (VIS) where families of the deceased and their partners expressed how the killing of their loved ones has brought financial and psychological struggles to them. Therefore, More asked the court not to deviate from the prescribed minimum sentences, as the community expects the court to protect them against Nkosi.
When handing down the sentence Judge Ian Cox, said Nkosi showed no remorse and failed to take responsibility for his deeds. When looking at the offences it is evident that Nkosi is a violent person who constantly used a knife in all his offences he added. Moreover, all South African citizens have a constitutional right to life, respect and dignity and the courts will show no mercy to those who unjustifiably seek to invade those rights. Therefore, the aggravating circumstances are numerous and cast a shadow over the mitigating factors as such he found no substantial and compelling circumstances present to deviate from the prescribed minimum sentences.
The NPA welcomes the sentence.
