MEC intervenes to ensure stiff sentence for attempted murderer
It took the intervention by the Gauteng MEC of Community Safety, Sizakele Nkosi-Malobane, to actually get the police to do their work in an attempted murder case.
This is in the matter where a woman was stabbed by her partner and left for dead.
On November 11 last year, Kenneth Nkhumeleng of Vosloorus unlawfully and intentionally attempted to kill Joyce Nkhumeleng after stabbing her several times with a knife.
The Vosloorus SAPS only charged the man with assault with intent to cause grievous bodily harm but did not obtain or submit the J88 form to support the case.
The victim was still recovering in hospital at the time and the case proceeded as such.
The J88 form is a legal document that is completed by a medical doctor or registered nurse, documenting injuries sustained by the victim in any circumstance where a legal investigation is to follow.
It may be the only objective information available in a legal case. It may be integral in the charge itself, the validity of the accusation and the severity of the injuries sustained.
It is also vital in determining the level of punishment to be handed down.
The victim’s family felt they were being short changed and complained to the MEC about the manner in which the case was being handled by the police.
The family also complained that the accused, after being granted bail, kept visiting the victim’s house claiming he wanted some of his belongings.
Upon learning about the case the MEC was not pleased with the manner in which the matter was being handled and subsequently wrote to the National Prosecuting Authority (NPA) seeking a review of the case.
“The review was granted and the police were also instructed to obtain the J88 form from the hospital and to ensure that the accused has no contact with the victim,” said spokesperson for Community Safety MEC, Ndivhuho Gadisi.
The charge was ultimately changed to attempted murder.
Senior prosecutor at the Boksburg Magistrates Court, Henk Strydom, said Nkhumeleng was found guilty as charged on August 4.
“The accused was on October 8 sentenced to 12 years in prison, of which three were suspended on condition that he does not commit a similar crime during the period of suspension,” said Strydom.
This means he will serve an effective nine years behind bars.
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