WATCH: Babita Deokaran’s murderers get 6 to 22 years imprisonment

On the eve that marked two years since Babita Deokaran was murdered, the High Court in Johannesburg’s Judge MA Makume found guilty and sentenced six men for her murder.

Phakamani Vincent Hadebe (accused no 1 – age 31), Phinda Nhlangano Ndlovu (accused no 2 – age 29), Sanele Mbhele (accused no 3 – age 29), Siphakanyiswa Dladla (accused no 4 – age 27), Zitha Radebe (accused no 5 – age 32) and Siphiwe Thabane Mazibuko (accused no 6 – age 30) were all found guilty of count one (murder).

Accused four was found guilty of counts five and six, possession of a prohibited firearm and unlawful possession of ammunition. They apologised to the family of the deceased.

Years of imprisonment were handed down as follows: Hadebe (22), Ndlovu (six), Mbhele (22), Dladla (eight and seven years), Radebe (15) and Mazibuko (15 years).

6 suspects plead guilty in Babita Deokaran murder case pic.twitter.com/EKe80rHXOK

— Southern Courier SA (@courier_sa) August 22, 2023

The six men entered into a plea and sentence agreement with the State. It was read in court by State prosecutor Steven Rubin.

They all pleaded guilty to count one, count five (accused four only) and count six (accused four only). Their pleas of guilty are based on inter alia, the following facts and admissions:

• Babita Deokaran, the deceased in count one, on August 23, 2021, while driving her Mercedes Benz A220 CDI on Dungarvan Avenue in Winchester Hills, brought her vehicle to a stop in order to allow Kholeka Margaret Kowa an opportunity to enter the vehicle.

• While the deceased’s vehicle was stationary on Dungarvan Avenue, a white 3 Series BMW came to a halt alongside the deceased’s vehicle. Two occupants of the said BMW, namely Khanysani Mpungose and an unknown adult male who was in the company of Mpungose, armed with firearms capable of discharging 9mm parabellum cartridges, alighted from the vehicle and fired 11 shots at the deceased’s vehicle, before departing the scene in the BMW.

• The deceased having been struck by several of the shots fired was transported to Union Hospital in Alberton where later she passed away on August 23, 2021, as a result of multiple gunshot wounds.

In spite of the fact that the deceased was shot and killed by Mpungose and an unknown adult male, all six accused shared a common purpose with at least Mpungose, and are guilty of the murder of the deceased on the basis of dolus eventualis, as set below:

• Mpungose was a person well known to accused one through his employment in the taxi industry. Accused one, in early August 2021, was approached by Mpungose who informed accused one that he required his assistance with the deceased as she was seen as a problematic person.

• Mpungose expressed that the deceased was creating problems by raising certain issues at her place of employment. Although Mpungose did not divulge how or for whom the deceased had created problems, it was clear that the problems did not directly affect Mpungose. He was clearly acting on behalf of other unknown persons.

• Mpungose indicated to accused one that further people would be required to solve the problems raised by the deceased. Accused one then introduced Mpungose to accused two, three, four and five who could assist.

• Simphiwe Mpilo Sithole, who was known to accused six by his clan name Jobe, approached accused six in mid-August 2021 to scout the residential premises of the deceased. Accused six was already known to his five co-accused. Accused six was requested to attend the residential premises of the deceased situated in Dungarvan Avenue, South Hills.

• On the morning of August 17, 2012, accused six went to Dungarvan Avenue where he took a picture of the residential complex which he then sent to Sithole via WhatsApp message. Accused six was unable to identify the motor vehicle of the deceased. It was clear that Sithole and Mpungose were dealing with the same ‘problem created by the deseased’.

• Mpungose, through means unknown to the six accused was able to establish that the deceased drove a Mercedes Benz, which knowledge he shared with the six accused. Mpungose had indicated to the six accused that their assistance was required to facilitate the opportunity whereby Mpungose could get to the deceased in order to ‘deal with her’ with a view of getting her to stop ‘making problems’.

• Even though the six accused had never seen Mpungose in possession of any firearm, it was at that early stage clear to the six accused that Mpungose would utilise a firearm or firearms to effectively ‘deal with’ the deceased. Mpungose informed the six accused that he believed the deceased had bodyguards protecting her and he was prepared for a shootout with the deceased’s bodyguards.

• Mpungose provided two vehicles that would be used during the attempts to locate the deceased, namely a white 3 Series BMW and a VW Polo. Accused six would utilise his own VW Polo. Unsuccessful attempts to locate the deceased were made on August 18 and 20, 2021 in and around the Winchester Hills area.

Mpungose again set in motion an attempt to locate the deceased on August 23, 2021, when he arrived at the residential premises of accused two, three and four while in the company of another unknown adult male whom he identified as his friend.

• Accused three was the driver of the BMW with accused five seated behind accused three. Mpungose was seated in the front left passenger seat and the unknown adult male was seated behind Mpungose. Accused one was the driver of the VW Polo with accused two and four being passengers therein. Accused six was the driver of his VW Polo.

• Around 07:00 the six accused, Mpungose and an unknown adult male arrived at the Winchester Hills area in the aforementioned vehicles. Accused two and four alighted from the VW Polol driven by accused one with the intention of keeping a lookout for the deceased and any police officers in the area. Accused one, now alone in the VW Polo, drove around the area seeking out the vehicle of the deceased.

• Accused three and five, with Mpungose and the unknown adult male drove around the area in the BMW seeking out the deceased motor vehicle. Accused six was in his VW Polo scouting the area. During this time accused one, four, five and six maintained telephonic contact with one another.

• The deceased arrived at the Columbine Square shopping mall around 08:00, followed by accused one in the VW Polo, and the BMW still occupied by accused three, five, Mpungose and the unknown adult male, where they waited for the deceased in the respective vehicles.

Upon entering her vehicle, the deceased drove from Columbine Square towards her residential premises followed by BMW and the VW Polo. The BMW and the VW Polo took different routes to the deceased’s residential premises.

• As the deceased approached her residential premises she brought her car to a halt in Dungarvan Avenue to allow her domestic worker to enter the vehicle. The BMW was travelling the same route as the deceased. While the deceased vehicle was stationary, accused three brought the BMW to a standstill next to the deceased’s vehicle when Mpungose alighted from the vehicle and produced a 9mm parabellum firearm.

• The unknown adult male opened the back left window of the BMW and produced a 9mm parabellum firearm. Mpungose and an unknown adult male fired a volley of shots at the deceased’s vehicle. Mpungose returned to the BMW which immediately fled the scene.

• Accused one, still driving the VW Polo was informed of the shooting and collected accused two and four. All three vehicles fled the area. Accused three, five, Mpungose and the unknown adult male in the BMW travelled to accused five’s residential premises in Kempton Park. Accused three and five returned to their residential premises of accused three in Rosettenville.

• Mpungose and the unknown adult male thereafter left Kempton Park together. All six accused returned to the residential premises of accused two, three and four in Rosettenville. Mpungo, Sithole and the unknown adult male were never seen again by the six accused. It later became apparent to the six accused that the BMW was removed from accused five’s residential premises, presumably by Mpungose.

• Accused one was arrested on the evening of August 26, 2021, in Turffontein while driving the VW Polo. Accused two, three, four and five were arrested on the evening of August 26 in Rosettenville. At the time of their arrest a firearm and ammunition, as per counts five and six were found in the said residential premises. Accused six was arrested during the evening of August 26 in Booysens while driving his VW Polo.

• The six accused admit that they shared a common purpose with one another, Mpungose and Sithole from mid-August 2021 when they started scouting and planning the confrontation of the deceased. All six accused further admit that they foresaw the possibility that the deceased, or any other person, might get killed during the planned confrontation. All six accused reconciled themselves with this possibility and continued to act in accordance with the common purpose.

• All six accused therefore admit that they are guilty of the murder of the deceased on the basis of dolus eventualis. The firearm and ammunition, as per counts five and six, were unlawfully and intentionally possessed by accused four. Accused four, therefore, admitted that he unlawfully and intentionally possessed the firearm and ammunition as per counts five and six. Accused four’s firearm was neither present nor used during the murder of the deceased.

Before the sentence, Makume said: “I have carefully listened to the reading of the plea and sentence agreement, and I’ve listened to your counsels and prosecutor. And in terms of Subsection 7A of Section 105A, I’m satisfied that the accused admit all the allegations read out in the charge sheet and they’ve made themselves guilty of the offences irrespective of which the agreement was entered into and accordingly find them guilty as charged.”

Family – no apology accepted

Brother to Babita, Rakesh Deokaran said: “Honestly it makes us sick to our stomachs. The mere fact of the six of them, not one of them showed an ounce of remorse. And the sad reality and the sad part of it, of the six, the five of them have young little kids and they feel absolutely nothing of taking an innocent life.”

Babita Deokaran’s murderers get 6 to 22 years imprisonment.

Brother to Babita, Rakesh Deokaran said: “Honestly it makes us sick to our stomachs. The mere fact of the six of them, not one of them showed an ounce of remorse. pic.twitter.com/3Xnc4jJVNv

— Southern Courier SA (@courier_sa) August 28, 2023

On their apology, he said: “Apology not accepted. Even though you apologise, it doesn’t give anyone the right to take an innocent life. Also, nothing will bring any closure, the mere fact that she lost her life and she is missed every single day.

“From the onset, I said I had faith in our justice system and our state. Going forward I would like to see this not swept under the carpet, another chapter shall be exposed. And chapter one is closed as tomorrow is the exact date of her passing.”

He also said Babita’s daughter is well, she’s busy with preliminary exams in Grade 12 and that kept her occupied.

NPA welcomes sentencing

The NPA’s Gauteng spokesperson Phindi Mjonondwane said: “They have all been sentenced, they all received sentences ranging from six to 22 years. This is after they entered into a plea and sentence agreement with the NPA. And we had to ensure that we followed due processes.

Babita Deokaran’s murderers get 6 to 22 years imprisonment

NPA welcomes sentencing: The court took into consideration that they pleaded guilty, they didn’t waste the court’s time and showed remorse for their actions. pic.twitter.com/MwUbq8dyje

— Southern Courier SA (@courier_sa) August 28, 2023

“Entering into negotiations meant that we also had to consult with the investigative officer as well as the family of Babita Deokaran so that we all have parties on board before we can finalise the plea and sentence agreement to be presented in court.

“The accused before the court were sentenced to a lesser sentence than the prescribed minimum sentence of life imprisonment. The court took into consideration that they pleaded guilty, they didn’t waste the court’s time and showed remorse for their actions.

“They also handed over information to the State for us to get to the bottom of this case and hopefully bring the matter to finality for purposes of closure to the family as well, and for the purpose of ensuring that Babita Deokaran didn’t lose her life in vain. She stood up against corruption which is one of our key priorities as the NPA and the government.”

DA Gauteng Shadow Health MEC – Jack Bloom

“The DA demands that the six men who have admitted guilt in the murder of whistleblower Babita Deokaran should reveal who gave them the orders to kill her. I hope their plea deal includes as much information as possible about those who wanted to stop Babita from uncovering massive corruption at the Tembisa Hospital and elsewhere.

“Anything less will be a travesty of justice and a blow to Babita’s family who are commemorating the second anniversary of her murder on August 23, 2021,” he said.