A mob that rounded up three men accused of cable theft and a girlfriend of one of the men and assaulted them severely before burning them alive has been sentenced to four life terms for the gruesome murders.
The 15 convicts, three women and 12 men, were also sentenced to eight years each for kidnapping and three years for public violence. The sentences will run concurrently.
They are Mluleki Xulu, Dumisani Mpofana, Bantu Marali, Lindi Mbinyashe, Unathi Kakalala, Mfuniseli Mbinhashe, Nombulelo Kitise Bakani, Zwelandile Boy-Boy Kitise, Yanginkosi Solani, Nkosinathi Dyantyi, Lungisa Mtyana, Zandisile Kitise, Nombuzo Mbinyashe, Mvelisi and Thobani Vena.
Handing down the sentence on Friday in the Bhisho high court, judge Thandi Norman said the group from Ndindwa village in Xesi had no regard for the lives of their victims, Lwando Makinana, Ziphozihle Thimba, Nwabisa Melane and Vuyo Clifford Lamani, whose charred bodies were left at the crime scene for dogs to feast on.
The Dispatch reported the mob was convicted in October for the December 31, 2022 attack. The victims were stripped naked, assaulted and later burnt alive while their horrified families pleaded for their lives.
Norman said they were convicted of serious crimes.
The said cables were found at Makinana’s place, and the names of the two other men came up while the mob was beating Makinana. His girlfriend, Nwabisa, who is from another village, was caught in the crossfire after shouting at the mob, urging them to stop the attack.
A postmortem report presented before court during their trial showed the victims died due to burns.
It revealed their bodies were extensively charred. They had ruptured organs, and they had no chance of survival.
The court heard Nwabisa, with her eye burst from its socket, heard her child crying and ran away from the fire but was dragged back in and had her ligaments cut so she couldn’t run anymore.
“When police arrived, there is evidence [before the court] that they found dogs feasting on their bodies.
“They must have suffered the most horrific deaths,” Norman said.
Victim impact reports presented on behalf of the families of the three men painted a grim picture of how they were affected by their heinous deaths.
The families had to borrow money to bury their loved ones and were left needing counselling.
Lwando’s father testified in court that while his son was in flames, he begged him to die, as there was no hope that he would survive, while a traumatised nine-year-old cried hysterically, pleading for her mother’s life.
“I saw the pain Mr Makinana, father of Lwando, and Mr Jola exhibited when they testified before the court. It is not common to witness old men cry as they did. Their pain was palpable.
“It is common cause that the cables were found on Lwando. All that was needed was to hand him over to the police. You (mob) decided to take the law into your own hands.
“I also had an opportunity to observe all of you when you were testifying. None of you displayed any remorse,” she said, adding that they were forthright about the decision to burn cable thieves. She said all they did was distance themselves from the crime.
“There was nothing remorseful about your actions before this court.
“You became complainants and investigators and decided on a sentence to burn the suspects to death.
“Your legal representatives suggested 20 to 25 years’ imprisonment. I disagree. The lives of the deceased, even after their death, didn’t matter to you. You left their charred bodies unattended. The indignity Nwabisa was subjected to with her private part exposed for all to see is not something that can be taken lightly. These are human beings.”
When the police came to investigate the next day, they were attacked and had to turn away, and a witness by the name of Congo was threatened that he would be killed and was forced to flee.
Three of the mob members are pensioners and sickly, and it was argued by their legal representatives that the court should be lenient to them.
Norman said their personal circumstances are ordinary and don’t constitute substantial and compelling circumstances.
“There are no factors that would influence me to deviate from the prescribed sentence (of life).
“The accused are all mature adults.
“I find that personal circumstances against the gruesome deaths of the deceased recede into the background.”
The case was prosecuted by advocate Xolisile Philisane.
Daily Dispatch
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