MEN SENTENCED TO LIFE FOR KILLING AND ROBBING A SHOPKEEPER
The Limpopo High Court Polokwane sentenced Kgomotso Pitsi Mmaphaka (38) and Lethope Donald Tshehla (33) from Tafelkop village to life imprisonment for murder, eight years imprisonment on the count of conspiracy to commit robbery, 15 years imprisonment on the count of robbery with aggravating circumstances, five years imprisonment on the count of unlawful possession of firearm and two years imprisonment on the count of unlawful possession of ammunition. The Court further ordered that the sentence in all counts should run concurrently with a count of murder.
The accused persons pleaded not guilty, and the state-led evidence of the witnesses. The court heard that the deceased, Unitielo Tessema Gebreyesus was working as a shopkeeper in Tafelkop on 13 April 2022. The deceased and his colleague were closing the shop for the day, and as he was seated in his vehicle waiting for his colleague, two unknown males approached them at gunpoint. Each of the two assailants went for each of the victims, while his colleague struggled to free himself and escaped. The deceased person was shot and robbed of his vehicle, Jetta VW, Samsung cellphone, and an unknown amount of cash.
In aggravation of sentence, state advocate Elelwani Mufamadi submitted that this was a senseless crime, and there was no evidence that was presented to the court that there were prospects of the accused being rehabilitated. She then said that a message should be sent by the court to the community that offenders such as the accused will not be dealt with lightly. She concluded by submitting that life imprisonment will deter other would-be offenders not to committing such offences. Therefore, the court should not deviate from the prescribed minimum sentence.
Judge Maake Francis Kganyago remarked that the aggravating circumstances outweigh the mitigating factors, the personal circumstances of the accused are those that were referred to in Malgas as flimsy reasons. He further remarked that there are no substantial and compelling circumstances to deviate from the prescribed minimum sentence. He concluded by saying that the accused did not show any remorse and the court cannot predict they would ask for forgiveness in the future from the family members of the deceased.
The NPA welcomes the sentence, the Director of Public Prosecutions, Adv. Ivy Thenga hopes that justice will continue being served to all the victims and other would-be offenders will refrain from committing such crimes. The DPP further commended the good work done by advocate Mufamadi and investigating officer Raymond Phago from the Sekhukhune murder and robbery unit.
