Family members of a slain Mozambican hawker had mixed feelings about the sentences a Johannesburg magistrate gave his attackers yesterday.
Peter Sithole felt the court was too lenient on all the men who killed his nephew, Emmanuel Josias Sithole, in April last year.
“The sentences are too little for killing someone.
“Emmanuel will never come back to us. These guys will be out jail in years,” he said. “If they are truly remorseful, they must go to his graveside and ask for an apology there.”
Magistrate Lucas van der Schyff sentenced Mthinto Bhengu‚ 22 and Sifundo Mzimela‚ 21‚ to jail terms of 17 and 10 years each.
They were found guilty in November. A youth, who has since turned 18 but may by court order not be named, was convicted of assault and theft.
Sithole was killed on April 18 after demanding money from some of the accused‚ who had taken cigarettes and sweets from his stall without paying in Johannesburg’s Alexandra township.
The killing was in the wake of xenophobic attacks that swept through certain parts of the country.
Van der Schyff said Bhengu had failed to show any compelling circumstances that would prompt the court to deviate from the prescribed minimum sentence of 15 years for murder.
Instead, Bhengu deserved a longer sentence, he said.
However, Van der Schyff said because Mzimela merely acted in common purpose with Bhengu but his actions did not actually cause Sithole's death, he was willing to sentence Mzimela to less than the prescribed minimum.
The youngster was sentenced to five years in jail but this was suspended for five years, which means he will not serve time behind bars if he follows the rules set down for him.
He was released under supervision on condition that he partakes in rehabilitative programmes, consults with a social worker every week and refrains from taking any drugs and alcohol.
Peter said he was especially upset by the youth’s lenient sentence.
Another uncle of Sithole, John, agreed that the court was too lenient with the young man but said he was happy with the other two men's sentences.
John said the family had lost a breadwinner, but was happy that justice had been done.
National Prosecuting Authority spokeswoman Phindi Louw said they welcomed the sentences.
Tshega Ntake, the attorney representing Bhengu and Mzimela, said his clients would not appeal.
Bittersweet sentences for victim’s family
Peter Sithole felt the court was too lenient on all the men who killed his nephew, Emmanuel Josias Sithole, in April last year.
“The sentences are too little for killing someone.
“Emmanuel will never come back to us. These guys will be out jail in years,” he said. “If they are truly remorseful, they must go to his graveside and ask for an apology there.”
Magistrate Lucas van der Schyff sentenced Mthinto Bhengu‚ 22 and Sifundo Mzimela‚ 21‚ to jail terms of 17 and 10 years each.
They were found guilty in November. A youth, who has since turned 18 but may by court order not be named, was convicted of assault and theft.
Sithole was killed on April 18 after demanding money from some of the accused‚ who had taken cigarettes and sweets from his stall without paying in Johannesburg’s Alexandra township.
The killing was in the wake of xenophobic attacks that swept through certain parts of the country.
Van der Schyff said Bhengu had failed to show any compelling circumstances that would prompt the court to deviate from the prescribed minimum sentence of 15 years for murder.
Instead, Bhengu deserved a longer sentence, he said.
However, Van der Schyff said because Mzimela merely acted in common purpose with Bhengu but his actions did not actually cause Sithole's death, he was willing to sentence Mzimela to less than the prescribed minimum.
The youngster was sentenced to five years in jail but this was suspended for five years, which means he will not serve time behind bars if he follows the rules set down for him.
He was released under supervision on condition that he partakes in rehabilitative programmes, consults with a social worker every week and refrains from taking any drugs and alcohol.
Peter said he was especially upset by the youth’s lenient sentence.
Another uncle of Sithole, John, agreed that the court was too lenient with the young man but said he was happy with the other two men's sentences.
John said the family had lost a breadwinner, but was happy that justice had been done.
National Prosecuting Authority spokeswoman Phindi Louw said they welcomed the sentences.
Tshega Ntake, the attorney representing Bhengu and Mzimela, said his clients would not appeal.
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