Boksburg Court finalises serious cases

Robbery with aggravated circumstances

The court has finalised the case of robbery with aggravated circumstances and murder against Sibusiso Tshabalala (24), David Sithole (20), Tshepang Ncanu (19) and a 17-year-old fourth accused.

On count one: robbery with aggravated circumstances. On April 3, 2016 the accused, all acting in common purpose, reportedly assaulted Tebogo Mokgotho and forcefully took a TV set, cash, a jacket and a pair of shoes.

Count two: murder. On April 3, 2016, the accused, all acting in common purpose, reportedly intentionally killed Mokgotho by stabbing him with a sharp object and slitting his throat.

Accused number one was found guilty on count one but only for theft. He was also found guilty on count two – murder.

Accused number three was found guilty on count one but only for theft. He was acquitted on count two – murder.

Accused two and four were acquitted on both counts.

So accused number one, who was convicted of theft and murder, was sentenced to R3 000 or six months imprisonment for count one (but for theft). He was given 20 years imprisonment on count two – murder.

The court, however, ordered that the sentence in count one run concurrently with the sentence in count two.

Meanwhile, accused number three, who was convicted on count one, received six months imprisonment or R3 000 fine.


* Diketso Moeketsa (22), of Germiston, was convicted for theft in the district court and sentenced to five years imprisonment at the regional court on June 30.

The district transferred the matter to the regional court for sentencing, based on the previous conviction of the accused.

This was after the district court decided that the three years imprisonment, the maximum period for theft, was inadequate for the accused’s offence.

On June 13, 2016, the accused stole cellphones to the value of R68 700 – the property or lawful possessions of Vodacom.

Various offences

Nkosinathi Buthelezi (24) and Mondli Ngwena (25) of Volsoorus were recently found guilty and sentenced at the Boksburg Magistrate’s Court for different offences.

On February 2, accused number one pleaded not guilty on all four counts put to him, count one being robbery with aggravated circumstances; count two: murder; count three: murder and count four: assault.

Meanwhile, accused number two pleaded not guilty on counts one and two, which were the only charges put to him.

But on June 26, 2017, both accused were found guilty on counts one and two (robbery with aggravated circumstances and murder). They each received 15 years imprisonment for count one and life imprisonment for count two. The court ordered that the sentences on count one and two run concurrently.

On December 15, 2012, acting in common purpose, the accused unlawfully and intentionally assaulted James Machaba and forcefully took a bottle of cold drink (robbery with aggravated circumstances). They also, acting in common purpose, intentionally killed Machaba by stabbing him with a knife (murder).

Accused one was acquitted on counts three and four. He was accused of stabbing Collen Mbatha to death with a knife on May 24. He was also accused of assaulting Luyanda Mhlambi by threatening to injure Mhlambi with a knife on May 24, 2015.

Fanie Mthupha

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