S v Makhala and Others (CC06/19) [2019] ZAWCHC 183 (13 December 2019)

S v Makhala and Others (CC06/19) [2019] ZAWCHC 183 (13 December 2019)

The court found that the murder was planned and premeditated, committed by a group in furtherance of a common purpose, and thus falls under the prescribed sentence of life imprisonment in terms of the Criminal Law Amendment Act. The aggravating circumstances, including the contract killing nature, lack of remorse, and the impact on the victim's family and society, outweighed any mitigating factors. The personal circumstances of the accused, including lesser roles, lack of financial gain, low education, medical conditions, and previous records, were not sufficiently weighty to constitute substantial and compelling circumstances justifying deviation from the prescribed sentence. The...

Citation
[2019] ZAWCHC 183
Parties
Applicant: The State; Respondent: Mawande Makhala; Respondent: Velile Waka; Respondent: Vela Patrick Dumile
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 December 2019
Case Number
CC06/19
Procedural Posture
Criminal Law / Sentencing
Outcome
All three accused are sentenced to life imprisonment for murder. For the firearm and ammunition offences, a sentence of 5 years imprisonment is imposed, to be served concurrently with the life sentence. The accused are declared unfit to possess firearms.
Judges
R C A Henney
Legal Topics
Planned Murder, Contract Killing, Sentencing Guidelines, Firearms Offences, Substantial and Compelling Circumstances
Criminal Law Planned Murder Contract Killing Sentencing Guidelines Firearms Offences Substantial and Compelling Circumstances

Case Brief

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Parties

The State

Applicant

Mawande Makhala

Respondent

Velile Waka

Respondent

Vela Patrick Dumile

Respondent

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether the prescribed sentence of life imprisonment for planned and premeditated murder should be imposed on each accused.
  2. 2 Whether there are substantial and compelling circumstances to deviate from the prescribed sentence.
  3. 3 Appropriate sentencing for unlawful possession of firearm and ammunition.

Ratio Decidendi

The court found that the murder was planned and premeditated, committed by a group in furtherance of a common purpose, and thus falls under the prescribed sentence of life imprisonment in terms of the Criminal Law Amendment Act. The aggravating circumstances, including the contract killing nature, lack of remorse, and the impact on the victim's family and society, outweighed any mitigating factors. The personal circumstances of the accused, including lesser roles, lack of financial gain, low education, medical conditions, and previous records, were not sufficiently weighty to constitute substantial and compelling circumstances justifying deviation from the prescribed sentence. The...

Court Disposition

All three accused are sentenced to life imprisonment for murder. For the firearm and ammunition offences, a sentence of 5 years imprisonment is imposed, to be served concurrently with the life sentence. The accused are declared unfit to possess firearms.

Orders

  • Accused 1, 2, and 3 are each sentenced to life imprisonment for the murder of Mr Victor Molosi.
  • On counts 2 and 3 (firearm and ammunition offences), all accused are sentenced to 5 years imprisonment, taken together for the purposes of sentence.