S v Makhanda (CC29/2021) [2022] ZAECMHC 22 (12 August 2022)

S v Makhanda (CC29/2021) [2022] ZAECMHC 22 (12 August 2022)

The court found that the murders committed by the accused occurred after the commission of aggravated robbery with aggravating circumstances, specifically the wielding and use of a firearm. The evidence established that the deaths of the victims were caused by the accused after committing robbery, bringing the offences squarely within section 51(1) of the Minimum Sentences Act. The accused was warned of the State's intention to rely on the Act, and no prejudice was suffered due to the lack of specific reference to the robbery-murder link in the indictment. The accused's personal circumstances, including age, family, alleged remorse, and prison conditions, did not amount to substantial and...

Citation
[2022] ZAECMHC 22
Parties
Applicant: The State; Defendant: Mandisi Makhanda
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
12 August 2022
Case Number
CC29/2021
Procedural Posture
Criminal Law / Sentencing
Outcome
The accused is sentenced to life imprisonment for each murder, fifteen years for aggravated robbery, five years each for two counts of unlawful possession of a firearm, three years for unlawful possession of ammunition, with certain sentences running concurrently, and is declared unfit to possess a firearm.
Judges
M.S Jolwana
Legal Topics
Minimum Sentences Act, Aggravated Robbery, Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition
Criminal Law Minimum Sentences Act Aggravated Robbery Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition

Case Brief

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Parties

The State

Applicant

Mandisi Makhanda

Defendant

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether the murders committed by the accused fall within the purview of section 51(1) of the Minimum Sentences Act as provided for in Part 1(c)(ii) of Schedule 2.
  2. 2 Whether the accused's right to a fair trial was infringed by the State's reliance on a sentencing basis not specifically mentioned in the indictment.
  3. 3 Whether substantial and compelling circumstances exist to justify a departure from the prescribed minimum sentences.

Ratio Decidendi

The court found that the murders committed by the accused occurred after the commission of aggravated robbery with aggravating circumstances, specifically the wielding and use of a firearm. The evidence established that the deaths of the victims were caused by the accused after committing robbery, bringing the offences squarely within section 51(1) of the Minimum Sentences Act. The accused was warned of the State's intention to rely on the Act, and no prejudice was suffered due to the lack of specific reference to the robbery-murder link in the indictment. The accused's personal circumstances, including age, family, alleged remorse, and prison conditions, did not amount to substantial and...

Court Disposition

The accused is sentenced to life imprisonment for each murder, fifteen years for aggravated robbery, five years each for two counts of unlawful possession of a firearm, three years for unlawful possession of ammunition, with certain sentences running concurrently, and is declared unfit to possess a firearm.

Orders

  • Life imprisonment for the murder of Novangeli Nomqonde.
  • Life imprisonment for the murder of Fezile Nomqonde.