Appeals dismissed in Piet Els murder case

THE OFFENDERS sentenced for the murder and robbery of well-known Kimberley businessman Piet Els and the assault on his partner at his farm in January 2018 will remain behind bars after their appeals were recently dismissed in the Northern Cape High Court.

The convicted offenders – Morapedi Rankali, 32, Motlalentwa Qhautse, 42, Lizbeth Ndlala, 61, Themba Lawrence Maja, 63, Oupa Jeffrey Mahomane, 49, Samson “Sam” Mbokane, 68, and Jabulani Wilson Zuma – were sentenced in connection with the offence in March.

Qhautse was sentenced to 20 years’ imprisonment for housebreaking with intent to rob, robbery with aggravating circumstances, sexual assault, and murder.

Ndlala, Maja and Mbokane were each sentenced to 10 years’ imprisonment for housebreaking with intent to rob and robbery with aggravating circumstances.

Zuma was convicted on the same charges but received a 20-year sentence due to his previous convictions.

Northern Cape High Court Judge Lawrence Lever highlighted the brutal manner in which Els and his partner were assaulted and struck over the head with an iron bar.

“It cannot be that they were not armed. Items including a bag, ring, digital camera, Kruger coins, cash and a watch were taken from the house. The accused never dissociated themselves from the stolen items or gave the money they received to the police,” he said.

He added that there was a phone call between Mahomane and Mbokane during the early hours of the morning while the accused travelled to the farm “in the dead of night”.

Lever stated that Qhautse was directly involved in a vicious and brutal attack on two elderly and vulnerable victims.

“The charge of murder carries a mandatory life imprisonment sentence. Qhautse was also convicted of robbery in 2021. The sentences imposed were balanced, appropriate and called for.”

Lever pointed out that while they claimed to have no knowledge of the robbery, they nevertheless shared in the loot, including a substantial amount of cash and items that were stolen during the robbery.

“Zuma argued that his cell number was obtained in an unlawful search and seizure and that the cellphone data obtained in an unlawful manner could not be used against him.” 

Zuma was linked to the crime scene through the number he had provided when lodging a criminal complaint six months earlier at a Durban police station.

“If there was something untoward in the manner that such evidence was obtained, its admissibility ought to have been challenged at that time,” said Lever.

“Zuma has three previous convictions, and the fact that he was still on probation when the crime for which he was sentenced was committed simply precludes any other sentence.” 

Lever noted that while Zuma should have received a 25-year sentence, he had considered Zuma’s age and the fact that he had already spent almost four years in custody awaiting trial, and instead imposed a 20-year sentence.

He found all the witnesses to be “poor, unreliable and untruthful” and believed that no other court would reach a different conclusion.

He also pointed out that “a measure of mercy” had been shown to Ndlala, Maja and Mbokane in deviating from the prescribed minimum sentence of 15 years, based on their advanced age, ill health, and time spent in custody before sentencing.

Defence pleads for leniency

Advocate Themba Diba pointed out that Ndlala suffered from high blood pressure, a heart condition, and was a first offender. He said she “slept rough” at the taxi rank during the trial.

“Mbokane is 68 years old and has been ill for a number of years. His wife has been in the hospital for the past two years after being diagnosed with cancer. He has 14 children, all minors and attending school. He has a medical condition where his testicles are enlarged, cannot walk for extended periods, and suffers from high blood pressure. He is a first offender,” said Diba.

He also argued that there was no evidence to suggest that Ndlala and Mbokane were present at the scene where Els and his partner were assaulted and robbed.

Advocate Japie Schreuder, representing Maja, pointed out that the minimum prescribed sentence was 15 years, and his client had been sentenced to 10 years. “It represents two-thirds of the minimum sentence,” he said.

Advocate Moetleetsi Mogwera, representing Zuma, described his client as a “sophisticated gentleman”.

“A person of his magnitude would not have any interest in Kruger coins and a diamond ring,” he said.

He argued that the State had erred in omitting to call the alleged mastermind behind the robbery, Amos Rolihare, to testify.

Diba maintained that Ndlala and Mbokane should receive correctional supervision due to their health problems and family responsibilities. He further argued that Qhautse was capable of rehabilitation and should receive a lighter sentence.

Senior State advocate Hannes Cloete pointed out that Rolihare was a fugitive who had fled to Lesotho.

“He should have been prosecuted as an accused,” Cloete said.