The Citizen (Gauteng)

Man, 29, gets life for Glebelands killing

PREMEDITAT­ED: CRIME WAS A ‘CONTRACT-STYLE KILLING’

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Although not the triggerman, he was convicted on common purpose.

Khayelihle Mbuthuma’s face betrayed no emotion as he was sentenced to life imprisonme­nt for the 2017 murder of a defenceles­s Glebelands Hostel grandmothe­r.

The 29-year-old stood motionless, expression­less, as Magistrate Bongiwe Mbaluwa handed down the sentence at the Durban Regional Court yesterday.

Mbuthuma was found guilty of murder last week for the killing of Sbongile Mtshali at Glebelands on March 29, 2017.

State advocate Dorian Paver described the murder as “a contract-style killing” while arguing for a life sentence.

Although he was not the triggerman, Mbuthuma was convicted on common purpose. The shooter is yet to be arrested.

According to Paver, Mbuthuma and his cohort had premeditat­ed the killing of the 52-yearold grandmothe­r, who was shot while her granddaugh­ter and a neighbour were in her room at the hostel.

The men had gained access to Mtshali’s room on the pretext of buying goods from her informal tuck-shop. They shot her in the head and chest area and then removed spent cartridges from the scene.

A witness who testified in-camera during the trial identified Mbuthuma as one of the armed men who entered the room.

The witness has since left Glebelands.

“[Mbuthuma] formed a pact with the shooter to ensure the woman met her death,” Paver told the court.

“It is clear that the accused and his cohort wanted to kill the deceased... This was a barbarous, senseless killing of a woman in her 50s who was utterly defenceles­s.”

Arguing in mitigation of sentence, Mbuthuma’s attorney, Natasha Singh, said her client was a first time offender, had been gainfully employed at the time of his arrest and supported his girlfriend and two small children on a monthly salary of R3 300.

Singh said Mbuthuma was young enough to be rehabilita­ted and that there had been no aggravatin­g circumstan­ces surroundin­g the shooting.

But Paver said that a “planned, premeditat­ed” killing was clearly an aggravatin­g circumstan­ce, as was Mbuthuma’s “sheer lack of remorse”.

Mbuthuma had himself admitted that killings were prevalent at the hostel and had put the number of murders down to 180, according to Paver.

While handing down the sentence, Mbaluwa said it was clear the murder was carefully planned. “It’s true the accused did not shoot the deceased, but his actions were akin to those of the shooter,” she said.

“I am inclined to agree with the state counsel that this was a barbaric act on behalf of the accused and his cohort. As for rehabilita­tion, in order for that to be successful, a person had to have shown remorse.

“The accused did not want to subject himself to cross examinatio­n so that motive could be determined.”

Mbuthuma is also accused number one in the state’s case against the “Glebelands Seven” – a group of alleged hitmen who terrorised the hostel for years and planned and conducted hits.

Paver is also the prosecutor in that case, which includes charges of murder and attempted murder against all seven, among them a Durban-based detective, for crimes committed at Glebelands from August 2014 to March 2016.

The Glebelands Seven have also been charged with common purpose. They appear again on April 10. – ANA

It’s true the accused [Khayelihle Mbuthuma] did not shoot the deceased, but his actions were akin to those of the shooter.

Bongiwe Mbaluwa Magistrate, Durban Court

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