The murders took place on December 29, 2012. Boy Edwell Makhubela was also found guilty of trying to kill another community member and maliciously damaging her property. He applied for leave to appeal and failed.
Judgement was passed by Judge Peter Mabuse in the Gauteng High Court’s Eastern Division on Tuesday. Makhubela was sentenced to an effective imprisonment of 18 years, after it was taken into account that he served five years in prison before receiving bail.
Foster Patrick Sambo, brother of victim Lindeni Sengwayo, testified that he witnessed the shooting of Sengwayo and her lover, Alphios Mike Magagula.
On the day of the murder, the two victims were walking in the street when Makhubela alighted from the back of a stationary vehicle he was on and followed them on foot. Sambo said when Makhubela reached them, he cocked a gun and faced both deceased. “Do you want to live or die?” he asked repeatedly. They did not answer him. Sambo testified that the accused pointed the gun at Magagula and shot him. The accused fired a second and third shot at Magagula before he fell to the ground and died. The accused then shot at Sengwayo.
Makhubela was also accused of shooting at Thembi Ntimane and Shirley Mgiba after killing Sengwayo and Magagula.
Makhubela’s lawyer argued his client was a fallible human being and asked the court to take this into consideration in mitigation of Makhubela’s sentence. “What happened, happened in the spur of the moment. We tend to act as if policemen are superhumans, but they can be fallible as well.”
Makhubela appealed the Judge’s verdict and sentence on Tuesday. “Your application for leave to appeal is dismissed,” Mabuse ruled. “It is not probable that another court will come to a different finding when faced with the same set of facts.”
– Caxton News Service