Guilty verdict for Piet Els murder and robbery accused

THREE of the accused who were convicted for the robbery and murder of prominent Kimberley businessman Piet Els, 86, have a string of previous convictions.

The accused - Morapedi Rankali, Montlalentwa Qhautse, Lizbeth Ndlala, Themba Lawrence Maja, Oupa Jeffrey Mahomane, Samson Mbokane and Jabulani Zuma - were found guilty of various charges in the Northern Cape High Court this week.

Qhautse, Ndlala, Maja, Mahomane, Mbokane and Zuma were found guilty of robbery with intent to rob and robbery with aggravating circumstances.

Qhautse and Mahomane were also convicted of murder and sexual assault.

Rankali, who was found guilty of theft, was the only accused permitted to remain on bail pending sentencing procedures.

During the incident at Carters Ridge Farm on the Schmidtsdrift road, Els and his partner were brutally assaulted and tortured on January 24, 2018.

Two firearms, a cellphone, a diamond ring valued at R1.5 million, a Mercedes-Benz, Kruger Rand coins, a camera, a watch, and cash were among the items stolen from the farmhouse during the incident.

Four men forced entry through a security gate and broke down several doors leading to the bedroom.

Els sustained traumatic head injuries and died in hospital 111 days after the attack.

His partner, who had stayed the night with him as he was unwell, was sexually and physically assaulted during the incident

All the accused were acquitted of the rape charge, as the complainant was unable to pinpoint the identity of the assailants who had violated her.

According to the State, Qhautse had prior convictions for assault with intent to do grievous bodily harm (GBH) and robbery.

Mahomane had convictions for assault GBH and robbery. He denied knowledge of a conviction for theft and possession of drugs.

Zuma had previous convictions for theft, possession of ammunition and a firearm without a license, receiving money on behalf of another prisoner, inconsiderate driving and robbery.

Judge Lawrence Lever stated that the accused should have foreseen that Els, who was “frail and elderly”, could die from such a vicious assault, during which he was struck over the head with a steel pipe.

“They nevertheless continued to assault him throughout the robbery,” Lever pointed out.

He added that Els was subjected to further brutality when he was unable to open the safe, including being burnt with a clothes iron.

“His partner was sexually assaulted when she tried to activate the alarm, assaulted for a prolonged time, and tied to a chair. In a desperate attempt to stop the assaults, she directed the intruders to the shed to fetch a grinder in order to open the safe.”

Lever pointed out that there was cellphone communication between the accused before, during, and after the robbery.

Lever noted that the accused admitted to receiving R10,000 and shared in the stolen loot.

The judge acknowledged that Ndlala, Maja, Mbokane and Zuma were not present when Els was assaulted.

“Qhautse and Mahomane witnessed and/or participated in the assault,” he said.

Lever added that Rankali, who was found in possession of the stolen diamond ring, must have known that it was from the robbery.

“The fact that the ring was in two pieces and the diamond was removed, indicated that the ring was not obtained in a lawful manner.”

Lever stated that Qhautse’s footprints matched those found at the crime scene, but acknowledged that there was no DNA evidence to link him.

He believed that the cleansing ceremony that Ndlala and Maja, as traditional healers, claimed to have performed in Kimberley “to chase away ghosts,” never happened.

“The cleansing ceremony was to further the success of the robbery,” he said.

Lever also dismissed Ndlala’s claim that she came to Kimberley “to dig for coins in the veld”.

“Ndlala, in the presence of her husband Maja, admitted her knowledge of the robbery. She also admitted that ‘people could get hurt or even killed’ during a robbery. Maja confirmed that the intruders returned on the morning of January 24, 2018, with a handgun and a big gun, along with the loot that corresponded with the items that were stolen from the deceased. Maja confirmed that he had received R10,000 cash from Zuma, Kruger coins, a watch and a camera.”

The judge was satisfied that Mahomane was “one of the four attackers”.

“He admitted being inside the house of the deceased at the time of the robbery. He also admitted to receiving R10,000 cash, a cellphone, a bag and coins.”

Lever found it “preposterous” that Mahomane reasoned that he had not spent the R10,000 so that he could hand it over to the police when they arrived to arrest him.

He also dismissed his claims that the bag containing the stolen items was “thrown at him” during the robbery.

He added that Mbokane testified that Zuma handed R10,000 cash to each accused.

Lever pointed out that Zuma was “deeply incriminated” by cellphone evidence, and he played a leading role in the robbery.

“He transported the accused from Nelspruit to and from Kimberley and handed out the bundles of R10,000 cash to the other accused. He did nothing of note in Kimberley … and he claimed not to have seen or heard anything untoward before, during and after the robbery.”

Lever added that Zuma appeared to have inside knowledge of both Els and the alleged mastermind of the robbery - Amos Rolihare from Phutanang - who was never arrested.

He noted that he had told Mbokane that “if all goes well, we will all be rich”.

Lever postponed the matter on Wednesday for sentencing on March 3.