Johnathan Paoli
Sentencing of Bellarmine Mugabe and Tobias Matonhodze has been postponed to next Wednesday after the Alexandra Magistrates’ Court heard that shooting victim Sipho Mahlangu had received R250,000 and was due to receive a further R150,000 in cash.
Presiding in the Alexandra Magistrates’ Court on Friday, Magistrate Renier Boshoff said he needed additional time to prepare the sentence following testimony by investigating officer Lieutenant-Colonel Raj Ramchunder.
“I’m going to remand this case to Wednesday, I must just have a proper look at all the penalty provisions, and consider a sentencing. So on Wednesday we will finalise this matter,” Boshoff said.
The case stems from a 19 February shooting at Mugabe’s Hyde Park residence in Johannesburg, where Mahlangu, an employee at the property, was shot after an altercation.
On 17 April, Mugabe and Matonhodze entered guilty pleas in the same court.
Mugabe pleaded guilty to pointing a firearm and contravening immigration laws, while Matonhodze admitted to attempted murder, unlawful possession of a firearm and ammunition, defeating the ends of justice, and immigration violations.
Friday’s postponement followed Ramchunder’s testimony on ongoing investigative efforts, including attempts to trace the firearm used in the shooting and consultations with Mahlangu over the alleged payment.
Led by prosecutor Lufuno Maphiri, Ramchunder told the court he had met Mahlangu the previous day at the prosecutor’s office.
He said Mahlangu had already received partial financial compensation.
“He told me he met with a family member and he was paid a sum of R250,000 and a further R150,000 will be paid to him in cash,” Ramchunder testified.
However, Boshoff said even if the victim had “changed their mind” about the charges, that did not determine the outcome of a criminal case.
“It’s not his prerogative, it’s the state’s prerogative, but he wanted to withdraw the case,” Boshoff said.
Ramchunder also updated the court on efforts to find the firearm.
“The state has put all efforts to trace that firearm, we used all our resources, such as the K9 unit, divers going into the pool, and a sweep search done into the property,” he said.
He said Mugabe and Matonhodze had not been helpful in locating the weapon.
“The accused knew well what the police were looking for and they did not cooperate whatsoever, your worship. And they did not show any remorse,” he said.
Boshoff reminded the officer that the assessment of remorse was ultimately for the court, but acknowledged the accused’s lack of cooperation.
Under cross-examination by defence counsel advocate Laurence Hodes SC, Ramchunder conceded that several people had access to the crime scene on the day of the incident and that he could not rule out the possibility that someone else had removed the firearm.
“There were lots of people on the scene, I would not be able to dispute it because I was not there,” Ramchunder said.
He also told the court he took over the case as the third investigating officer weeks after the incident.
Maphiri urged the court to impose direct imprisonment across several counts, including five years for attempted murder and up to 12 years for firearm-related offences.
Hodes argued for leniency, proposing fines and suspended sentences in light of the accused’s youth and prospects for rehabilitation.
“We believe that a substantial monetary fine and suspended sentence would be in the interest of justice,” he said.
Both men were remanded in custody.
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