S v Ntinga and Another (CCD55/2023) [2025] ZAKZPHC 33 (28 March 2025)

S v Ntinga and Another (CCD55/2023) [2025] ZAKZPHC 33 (28 March 2025)

The court found that both accused participated in the planned and brutal murders of two men, displaying a complete lack of empathy and disregard for human life and dignity. Accused one orchestrated the scheme and showed no remorse or mitigating circumstances, warranting the imposition of the prescribed minimum sentence of life imprisonment for each murder count. Accused two, however, was 19 years old at the time, made admissions that shortened the trial, and demonstrated some measure of remorse. These factors were adjudged to be substantial and compelling, justifying a deviation from the minimum sentence. The court controlled the cumulative effect of multiple sentences to avoid excessive...

Citation
[2025] ZAKZPHC 33
Parties
Applicant: The State; Defendant: Ntombizodwa Gertrude Ntinga; Defendant: Samkelo Ncamisa Mpanza
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
28 March 2025
Case Number
CCD55/2023
Procedural Posture
Criminal Law / Sentencing
Outcome
Accused one sentenced to life imprisonment for each murder count, with additional sentences for robbery and kidnapping to run concurrently; accused two sentenced to 25 years' imprisonment for each murder count, with additional sentences for robbery and kidnapping to run concurrently. Both declared unfit to possess...
Judges
Mossop
Legal Topics
Premeditated Murder, Minimum Sentencing, Mitigating Circumstances, Remorse, Ubuntu, Kidnapping, Robbery With Aggravating Circumstances
Criminal Law Premeditated Murder Minimum Sentencing Mitigating Circumstances Remorse Ubuntu Kidnapping Robbery With Aggravating Circumstances

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Parties

The State

Applicant

Ntombizodwa Gertrude Ntinga

Defendant

Samkelo Ncamisa Mpanza

Defendant

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether the minimum sentence of life imprisonment for premeditated murder should be imposed on accused one and accused two.
  2. 2 Whether substantial and compelling circumstances exist to justify deviation from the prescribed minimum sentences.
  3. 3 Whether the personal circumstances and remorse of accused two warrant a lesser sentence than accused one.

Ratio Decidendi

The court found that both accused participated in the planned and brutal murders of two men, displaying a complete lack of empathy and disregard for human life and dignity. Accused one orchestrated the scheme and showed no remorse or mitigating circumstances, warranting the imposition of the prescribed minimum sentence of life imprisonment for each murder count. Accused two, however, was 19 years old at the time, made admissions that shortened the trial, and demonstrated some measure of remorse. These factors were adjudged to be substantial and compelling, justifying a deviation from the minimum sentence. The court controlled the cumulative effect of multiple sentences to avoid excessive...

Court Disposition

Accused one sentenced to life imprisonment for each murder count, with additional sentences for robbery and kidnapping to run concurrently; accused two sentenced to 25 years' imprisonment for each murder count, with additional sentences for robbery and kidnapping to run concurrently. Both declared unfit to possess...

Orders

  • Accused one: Count 1 (murder of Mr Nkosinathi Protus Ntinga): life imprisonment.
  • Accused one: Count 2 (murder of Mr Mpendulo Mdluli): life imprisonment.