HEFTY SENTENCES FOR KIDNAPPING AND ROBBERY OF FOREIGN NATIONAL
The Ngwelezane Regional Court has sentenced Jabulani Sibiya (29) and Sabelo Mthembu (31), to 37 years and 25 years imprisonment, respectively, for the robbery with aggravating circumstances, kidnapping, three counts of attempted murder and murder they committed in the Empangeni area in September 2022. Sibiya was sentenced to an additional eight years imprisonment for the possession of a prohibited firearm.
On the evening of 02 September 2022, the complainant, who is a 24-year-old Pakistani national, was riding his bike when he was knocked over by a motor vehicle. Sibiya and Mthembu got out of the motor vehicle along with another co-assailant. They grabbed the complainant and put him into the motor vehicle. They were joined by a further assailant, and the men assaulted the complainant, demanding his belongings from him. They drove towards the area known as the Matshana Reserve. The complainant’s friends, who had witnessed the incident, informed the police, and the police followed in the direction of the Matshana Reserve. The police spotted the vehicle and followed them, causing the assailants to fire shots at the police. The police officers then returned fire. In the exchange of fire, both Sibiya and Mthembu were injured. One of their assailants managed to escape while the other was killed. Three police officials were also injured.
The pair were arrested on the scene and the complainant was able to recover all his stolen items.
In aggravation of the sentence, Prosecutor Precious Sithandwa Fortunate Radebe handed in Victim Impact Statements facilitated by Court Preparation Officer Seneliso Magdeline Sibanda and compiled by the complainant and the three police officials who were shot. In his statement, the complainant said that he was highly traumatised following the incident. The police officials that they feared for their lives as the accused were ruthless and relentless.
Sibiya was sentenced to 25 years imprisonment for robbery with aggravating circumstances, five years for kidnapping, seven years on each count of attempted murder (the police officers), 12 years imprisonment for the murder of their co-assailant, and eight years imprisonment for the possession of a prohibited firearm. Since the court ordered that some sentences run concurrently, he will effectively serve 37 years imprisonment. Mthembu was sentenced to 15 years imprisonment for the robbery, five years for kidnapping, seven years on each count of attempted murder (the police officers), and 10 years imprisonment for the murder of their co-assailant. Since some of the sentences will run concurrently, he will serve an effective 25 years imprisonment. They were declared unfit to possess a firearm.
The NPA hopes that sentences of this nature have the necessary deterrent effect. Together with our partners in the crime prevention cluster, we are committed to the fight against crime.
