18 years for ’callous and cruel’ laptop murder

Thembelani Qwakanisa was killed “in the most callous and cruel way imaginable” on the basis of an accusation that was probably false. Judge John Smith had strong words this week in the high court in Grahamstown in sentencing Siviwe Gqotholo to 18 years imprisonment for his part in the murder of the 29-year-old man whose body was found dumped in Ex- tension 6’s Zion Dam just over a year ago. Qwakanisa had been accused of stealing a laptop computer.

Gqotholo appeared last month with his four co-accused, Thembani Onceya, cousins Akhona Onceya and Simamkele Theron Onceya and Mzwanele Degree Maki in the same court. Their plea in the 5 September hearing remained not guilty and their matter has since been set down for 4-8 December. Each has their own legal counsel. Gqotholo is represented by Legal Aid advocate Templeton Solani. Gqqotholo’s trial was separated after Judge John Smith accepted his guilty plea to acting in common purpose in causing Qwakanisa’s death in October 2016. This week, the Judge recounted some of the worst acts of torture endured by Qwakanisa, as described by Gqotholo in a detailed confession on 5 September. The judgment weighed these “barbaric acts” against Gqotholo’s personal circumstances regarding the discretionary minimum sentence of life imprisonment.

A psychological report recognised a history of bipolar disorder combined with drug abuse. Gqotholo had been under the influence of drugs and alcohol when he committed the assault and claimed a lesser role.

However, “The deceased was tortured in the most cruel and inhumane way possible,” Smith said. “One cannot help but be horrified at the unimaginable suffering before he succumbed to his injuries.”

He recounted the worst of the torture, namely that Qwakanisa was forced to drink boiling water, had his teeth extracted with pliers, was burnt with melted plastic, was assaulted with a hammer and other blunt objects and had his private parts stapled.

The Judge cited the submission by Senior State Advocate Heinz Obermeyer that the fact Qwakanisa did not confess, despite the torture, meant that “in all probability he was innocent of stealing the laptop”. He sentenced Gqotholo to 18 years’ imprisonment.