Botho Molosankwe
A FTER sending brothers Sibusiso and Sikhumbuzo Mtshali to prison for the murder of Bona magazine editor Force Khashane, Johannesburg High Court Judge Kathy Satchwell said she did not understand why Khashane’s widow Palesa was never charged.
Sibusiso was given life and Sikhumbuzo 19 years behind bars.
Judge Satchwell made the comment when Sibusiso’s lawyer – during his application for leave to appeal his client’s conviction and sentence – mentioned cellphone records that showed Sibusiso received calls from Palesa’s cellphone around the time of the murder.
Palesa claims her phone was stolen on the day her husband was killed.
Judge Satchwell found that Sikhumbuzo was 20 years and 11 months old at the time of the crime, did not take part in the plotting and planning of the murder and that he was influenced by his older brother Sibusiso to take part in the crime.
When it came to Sibusiso, 29, the judge said it was clear he was the facilitator of Khashane’s murder in two important aspects.
“It is known he was involved in planning the murder because he was engaged in a telephone conversation before Khashane’s murder, immediately afterwards and later. Those calls were made to a phone in Khashane’s house.
“The (Toyota) Yaris (which Palesa lent her friend and business partner Sibusiso a few days earlier) was used to transport the murderers from Vosloorus to Orlando East.
“It was in his possession and control, and was also essential in carrying out the murder because the murderers had to travel a considerable distance.
“After bullets were fired, they had to make a getaway. Force Khashane was assassinated and his murder caused great hardship,” said the judge.
The brothers each received three years for unlawful possession of a firearm and six months on an ammunition charge. The sentences are to run concurrently with the murder sentence.
After sentencing, Khashane’s brother Solomon – who had testified in aggravation of sentence – said while he was happy about the sentences, he was not happy his sister-in-law was not behind bars.
“I am not satisfied that she is out… She was involved in this. I will speak to the prosecutor and the investigating officer to see whether she can’t be arrested.”
Just before sentence was passed, Sikhumbuzo, now 23 years old, pleaded with the court to show him mercy and give him the opportunity to be integrated back into the community.
“Since the court has already found me guilty, I ask the court to think of the fact that I am young. For example, at home where I come from, when young children do something wrong but you did not witness it, what we as Zulus would do is to take a small stick and not a big one to hit them.
“I also sympathise with the family of the deceased and ask that God shows them after some time who killed Force Khashane so that they can see that I did not do it,” he said. “If I am sentenced, I ask that the court gives me a second chance to get back into the community because I am not a bad person. Thank you.”
The brothers are first offenders and have been given leave to appeal the conviction.