Three convicted killers sentenced to life imprisonment in the Bhisho high court on Thursday for the murder of policeman Phumlani Dastile have lodged an appeal.
In May, Thando “Flokkie” Mangolwane, Siyabonga “Jacks” Zimela and Siphelo “Spikiri” Bebe were convicted of the murder of the 44-year-old warrant officer, who was gunned down in August 2021.
Judge Nozuko Mjali also sentenced Zimela on Thursday to 15 years’ imprisonment for unlawful possession of a semi-automatic firearm and illegal possession of ammunition.
Mangolwane got three years on the same charge.
These sentences will run concurrently with the life imprisonment.
Bebe, who is already serving life imprisonment for three murders and an additional 23 years for attempted murder and armed robbery in 2018, is contesting his conviction, while Zimela and Mangolwane are appealing against both the conviction and sentence.
It was the state’s case that the killing was carried out as part of a premeditated plan to eliminate Dastile, who had led the investigation that resulted in Bebe’s previous conviction.
Dastile, a father of three from Mavathuleni in Qonce, was shot multiple times at close range outside Monde’s Tavern in Zone 4 in Zwelitsha.
The attack was carried out in public view by armed men acting in concert with Bebe, who orchestrated the murder from prison using an illegal cellphone.
The hitmen had travelled from Khayelitsha in the Western Cape specifically to kill Dastile, after being recruited by Bebe through an acquaintance from prison, Kwanga Nojaholo.
Nojaholo later turned state witness under Section 204 of the Criminal Procedure Act.
Evidence presented by the state included cellphone data, surveillance footage, postmortem findings and testimony from key witnesses, including the convicted men’s girlfriends, who corroborated the movements and direct involvement of Mangolwane and Zimela.
The evidence showed the firearms used in the murder were collected from a residence in Zwelitsha and returned there after Dastile’s murder.
Communications among the three before, during and after the incident painted a clear picture of their roles in the planning and execution of the killing.
Despite their denials, the court found the men’s versions improbable and inconsistent when weighed against the overwhelming evidence.
The evidence further confirmed that Mangolwane was one of the triggermen who fired the fatal shots. They pleaded not guilty.
The getaway vehicle was driven by Nojaholo, who was indemnified from prosecution on Thursday by Mjali at the request of the state.
The judge said what aggravated the men’s actions and made the case more serious was that it was premeditated by people who wanted to kill Dastile for simply doing his job. They showed no remorse.
The two Khayelitsha men were arrested in the Western Cape.
The judge said she found no substantial and compelling circumstances to deviate from the minimum prescribed sentence of life imprisonment.
“The aggravating factors in this matter far outweigh their mitigating factors. It is my view that any other sentence will not dispense justice.”
Outside court, Dastile’s relatives welcomed the sentence but expressed disappointment that the men were appealing.
Dastile’s sister, Nandipha, said: “I’m happy they have been sentenced. My brother was a breadwinner.
“He unified our family, and we have suffered a significant loss.
“He was everything to us. Our mother hasn’t been the same since he was killed.
“They killed my brother for being a stand-up person.”
Dastile’s brother, Makhaya, said: “We are unsatisfied that they are appealing. They must serve their sentence. They are guilty.”
Daily Dispatch
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