REPORTABLE 
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH)
In the matter between:						Case No: CC 6/2016
THE STATE 
And

NDUMISO BOOI 						     Accused No. 2
MZOLIMO MAKISI						     Accused No. 3
MAWETHU KHAKA				 		     Accused No. 4 
Coram:		Chetty J 
Heard:		22 September 2016 
Delivered:		22 September 2016 
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SENTENCE
____________________________________________________
Chetty J:
Introduction
[1]	The offences for which the accused have been convicted attract the statutorily imposed sentences pursuant to the provisions of s 51 of the Criminal Law Amendment Act absent a finding that there are substantial and compelling circumstances which militate against its imposition. In the main judgment I found that accused no. 2 robbed Dr Odufuwa and the deceased of their possessions. When it became evident to him that she had pointed him out at an identification parade, he set in motion a diabolical plan to murder her and for that purpose procured the services of accused no’s 3 and 4 to execute her, a classic case of an assassination. This is an offence which the legislature has singled out as one for which imprisonment for life is an appropriate punishment.  

[2]	The personal circumstances of the accused which have been outlined and which I have taken into account pale into insignificance when viewed against the prism of the aggravating circumstances. The deceased was murdered because she had the temerity to identify her robber. Given the factual matrix, counsel were constrained to concede that their personal circumstances do not pass muster to be considered as sufficiently mitigating to ward off the ordained sentence. The nature of this offence, its premeditativeness and its modus operandi imperatively call for the prescribed sentence. In the result therefore the accused are sentenced as follows:- 

	Accused No. 2
	Count 1	- 	15 years imprisonment; 
	Count 2	-	7 years imprisonment;
	Count 3	-	1 years imprisonment;
	Count 5	-	Life imprisonment 

	Accused No. 3
	Count 5	-	Life imprisonment; 
	Count 6	-	7 years imprisonment;
	Count 7	-	1 years imprisonment

	Accused No. 4
	Count 5	-	Life imprisonment; 
	Count 6	-	7 years imprisonment;
	Count 7	-	1 years imprisonment

_________________
D. CHETTY
JUDGE OF THE HIGH COURT 

Obo the State:			Adv M. Stander
					NDPP, Wool Trust Building, North End, Port 					Elizabeth
					(012) 842 1455

Obo Accused 2:			Adv R. Crompton
Obo Accused 3:			Adv C. Van Rooyen 
Instructed by:			Port Elizabeth Justice Centre, North End,
					Port Elizabeth
					(041) 408 2800

Obo Accused 4:			Mr Z. Ngqeza
					(Private Instruction)