UJ student Palesa Madiba’s murderer sentenced to effective 31-year jail term

26 February 2021 - 14:09 By ernest mabuza
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Dumisani Mkhwanazi leaves the high court in Johannesburg to serve 31 years in jail for the murder of UJ student Palesa Madiba.
Dumisani Mkhwanazi leaves the high court in Johannesburg to serve 31 years in jail for the murder of UJ student Palesa Madiba.
Image: Ernest Mabuza

The high court in Johannesburg on Friday sentenced Dumisani Mkhwanazi, who was in December found guilty of killing University of Johannesburg student Palesa Madiba in 2013, to an effective 31-year jail term.

The court said Mkhwanazi displayed an attitude of “catch me if you can” when he did not tell Madiba’s family where their daughter was and pretended to be sharing their pain when he was the cause of their suffering.

The court looked at the manner in which Madiba was killed, her age, trauma and what her family was going through when passing the sentence.

Madiba’s body was discovered buried in a shallow grave at Mkhwanazi’s home in Soweto in December 2015.

She had gone missing following a sleepover at her friend Tshidi Mkhwanazi’s home in Phiri in August 2013. Tshidi is the niece of Madiba’s killer.

Mkhwanazi, 38, was also found guilty of theft, defeating the administration of justice, unlawful possession of a firearm and unlawful possession of ammunition.

The prosecution had asked for Mkhwanazi to be sentenced to life imprisonment because of aggravating circumstances. These included Mkhwanazi’s display of arrogance when he accused the justice system of singling him out and sacrificing him to please media houses and Madiba’s family.

The prosecution said Mkhwanazi had shown a breach of trust with Madiba because he was seen by the victim as an uncle.

The prosecution said the victim impact report presented before the court on Friday showed the immeasurable pain the family had suffered.

The defence maintained Mkhwanazi did not commit the murder and did not offer any mitigating circumstances to persuade the court to pass a shorter sentence.

In sentencing Mkhwanazi, acting judge Prince Manyathi said nobody could argue this case was not serious.

“The young beautiful lady of 20 was killed by you. She regarded you as an uncle and expected you to protect her,” Manyathi said.

Manyathi said Mkhwanazi used violence to take her life. He said in the course of murdering her and giving an impression she left to attend classes, Mkhwanazi fought for his freedom by not telling the truth.

The court said the prosecution presented evidence about what happened to Madiba but did not have any explanation from Mkhwanazi.

Manyathi said Mkhwanazi’s failure to explain reasons for his conduct and failure to explain her whereabouts was selfish.

“At all material times you displayed an attitude of ‘catch me if you can’. You pretended as if you shared the pain and suffering of the family when you knew you were the cause of their suffering.

“You thought your secret was safe ...  you would take it to your grave.”

Manyathi said Mkhwanazi’s family would have a chance to visit him in prison while Madiba’s family is left only with her pictures.

He said Mkhwanazi not only humiliated her during her life, but buried her without any dignity. “You treated her as your property which did not deserve a proper send-off.”

Mkhwanazi was sentenced to 20 years for murder, three years for the theft of Madiba’a cellphone, eight years for defeating the ends of justice, 10 years for possession of an unlicensed firearm and two years for possession of ammunition.

The court ordered the sentence for the unlawful possession of firearm and ammunition run concurrently with that for the murder.  

TimesLIVE


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