State argues for tough sentence for ‘hitman’

SENIOR state prosecuting advocate Nceba Ntelwa yesterday sought a sentence in the East London Magistrate’s Court of 16 years in jail for self-styled hitman Mkhuthazi Excellent Gxaleka.

The 49-year-old was found guilty last month on two counts of extortion and another of attempted extortion.

Gxaleka called and sent text messages to Eastern Cape health spokesman Sizwe Kupelo and to Ngcobobased medical doctor Litha Mboyana, claiming he had been hired to kill them and that they should pay him to stop the purported hits.

A frightened Mboyana paid R100 000 in cash to Gxaleka and later deposited another R15 000 into his bank account.

Kupelo did not entertain the threat and instead reported the calls and text messages to police.

During sentencing arguments before regional magistrate Nomthandazo Vabaza, Ntelwa said the court should impose a harsh sentence against Gxaleka to send a strong message to society that such crimes would not be tolerated.

He said in the past, the courts had imposed harsher sentences on people who had never even received the money they had demanded.

He said Gxaleka should be sentenced to eight years’ imprisonment each on counts one and two, and the sentences should run consecutively.

On the count of attempted extortion, the accused deserved five years behind bars and this sentence could run concurrently with the 16-year sentence.

Gxaleka’s counsel, Ntsikelelo Manyisane, argued for leniency, saying a mitigating factor was that the accused was a first-time offender. The courts had on previous occasions given fines for extortion, he added.

Manyisane reminded the court that his client had been in prison awaiting trial since his arrest in February 2015.

He said a fine of between R10 000 and R20 000 would be a suitable punishment.

He said Gxaleka – who is a qualified teacher by profession and married with three children – was a suitable candidate for rehabilitation outside the walls of a prison.

Vabaza said she needed a month to apply her mind to sentencing. The trial was postponed to November 24. —