LIFE AND 30 YEARS FOR KILLING E-HAILING DRIVER
The Pretoria High Court sentenced Buti Alfred Samoen (42), from Mamelodi to life imprisonment for the murder of 27-year-old e-hailing driver Modingoane Pitjadi, 30 years direct imprisonment for two counts of robbery with aggravating circumstances, 10 years direct imprisonment for attempted murder, 5 years direct imprisonment for kidnapping, 5 years direct imprisonment for assault with intention to cause grievous bodily harm, 3 years direct imprisonment for possession of unlicensed firearm, 2 years direct imprisonment for unlawful possession of ammunition, 2 years direct imprisonment for pointing of a firearm and 2 years direct imprisonment for malicious property damage. The court ordered that all other counts should run concurrently with that of life imprisonment except the two counts of robbery with aggravating circumstances, therefore the effective sentence is one life term and 30 years direct imprisonment.
On 10 April 2022, the deceased was on his way back from dropping his friends in Nellmapius, when he was hijacked by Samoen off his Hyundai Accent vehicle and kidnapped. Thereafter he took him to his place of residence in Mamelodi East, where he killed him and dumped his body at Phomolong informal settlement. On the same day, while using the deceased vehicle, Samoen and his accomplice forced the second complainant’s vehicle to a halt in Moretlwa Street, Mamelodi East, and began to rob him and his family of their cellphones, car keys, driver’s license, and cards. During the robbery, Samoen fired a shot through the passenger door which resulted in the complainant’s 27-year-old son being shot in his leg Subsequently both Sameon and his accomplice fled the scene, and a case was opened by the complainant against them.
Samoen proceeded to his family residence in Mamelodi where he accused his cousin of stealing his Universal Serial Bus (USB) during the argument, he assaulted him with a firearm on his head and further proceeded to point his aunt with the same firearm and fled. On 08 May 2022, Samoen returned to his family residence where he broke the windowpanes and clay pots insisting on staying at the residence which he later left. After investigations by the police, Samoen was found and arrested at his girlfriend’s place of residence in Nellmapius, on 22 June 2022, and has been in custody since.
During the trial, Samoen pleaded guilty to the charge of malicious property damage but pleaded not guilty to other charges preferred against him. However, the state was able to prove Its case beyond a reasonable doubt. During sentencing proceedings through his legal representative, Samoen asked the court to deviate from imposing the prescribed minimum sentences because he has two children that he needs to take care off, he also asked the court to consider the time he spent in custody since his arrest. However, state prosecutor, Adv Thembile Nyakama argued that Samoen was not a first-time offender, he had previous convictions of malicious property damage, assault with intent to cause grievous bodily harm, assault, kidnapping, and housebreaking and two pending cases of attempted murder. She further added that Samoen cannot be rehabilitated outside the prison walls because he committed the offences he has been convicted of while on parole.
Furthermore, Adv Nyakama said that Samoen was not remorseful and that during his term in prison, he was allowed to transform his life but failed to do so therefore, she asked the court not to deviate from imposing the prescribed minimum sentences. She also handed in a Victim Impact Statement (VIS) compiled by the Court Preparation Officer, Lebohang Lebese, where the deceased sister stated how the death of his brother affected her and the family. In another VIS, Samoens aunt and cousin also stated how they fear Samoen and how his actions have affected the family.
Acting Judge Matlapeng agreed with the state and said that Samoen showed no remorse for his actions, and he killed the deceased in a gruesome way. Therefore, the Judge said he found no substantial and compelling circumstances to deviate from imposing the prescribed minimum sentences.
The NPA welcomes the sentencing of a man who committed violent crimes and terrorized the community of Mamelodi.
