Life behind bars for murderers of Collins Chabane mayor

The five men accused of murdering Collins Chabane Mayor, Cllr Moses Maluleke (56), have been found guilty and sentenced to life imprisonment by the Polokwane High Court on Thursday, 11 April.

Shumani Nemadodzi (48), Avhatakali Isaac Mudau (39), Wiseman Baloyi (37), Tshianeo Munyai (32), and Pfunzo Lidzebe (33) were convicted of charges including conspiracy to commit murder, murder, attempted murder, and possession of an unlicensed firearm and ammunition.

The case stems from an incident on 21 July 2022, at Maluleke’s homestead in Xikundu village. The five accused gained access to the premises in the evening and shot him while his 18-year-old son was present. His son was wounded in the shooting.

The court accepted the evidence of a key witness utilised by the State under Section 204 of Act 51 of 1977, finding that the witness testified truthfully, implicating himself as well as the other accused persons in these offences. This section provides for indemnity for such a witness. The court ruled that the State had proven its case beyond reasonable doubt and that the accused acted with a common purpose and had planned the offences.

In mitigation, Nemadodzi had his wife speak on his behalf, pleading with the court not to impose life imprisonment so he could continue to care for his second-born child, who has been diagnosed with cancer and heart disease. Mudau, Baloyi, Munyai, and Lidzebe also sought leniency from the court to take care of their families. Their defence lawyer requested mercy from the court to deviate from the prescribed minimum sentence.

During sentencing, senior State Advocate Eric Mabapa called Rhangeleni Mambre Maluleke, the mayor's widow. She said that due to the incident, their home’s doors and gates are always locked for fear of their lives. Describing the deceased as a generous person who assisted anyone in need in the community, she detailed her struggles managing the household and mentioned her son Ntokoto, who remains affected by a bullet lodged under his kidney. She pleaded for life imprisonment for all accused.

For the State, Adv Mabapa argued for a sentence that would be retributive and a deterrent, citing the severity and prevalence of the crime. He stated there were no substantial and compelling reasons to deviate from the minimum prescribed sentence, emphasizing that the crimes were committed out of greed and that societal interests should be considered.

Deputy Judge President Matsaro Violet Semenya sentenced all accused to life imprisonment for murder, 10 years for attempted murder, 15 years for robbery with aggravating circumstances, and 5 years each for unlawful possession of firearms and ammunition, with the sentences to run concurrently.

The Director of Public Prosecutions, Advocate Ivy Thenga, welcomed these sentences and expressed hope that they would bring closure to the Maluleke family. She also commended the efforts of Advocate Eric Mabapa, Lt Colonel Sotlo Richard Boshomane, and Warrant Officer Masilo Phaladi Makola from the Limpopo Murder and Robbery Unit.

Date:12 April 2024

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