/ 16 May 2003

Marike de Klerk’s killer gets two life sentences

Former first lady Marike de Klerk’s killer, 22-year-old Luyanda Mboniswa, was sentenced to two life terms in the Cape High Court on Thursday. He also got three years for his forced entry — housebreaking — into De Klerk’s home.

At 3pm, the spacious courtroom was packed to capacity, with not even standing space in the upper public gallery, as Cape Judge-President John Hlophe and assessors Gegsie Lategan and Colin Cloete announced there were no special circumstances justifying a deviation from the prescribed minimum sentence for the planned murder or robbery with aggravating circumstances.

Prosecutor Tessa Heunis had earlier urged a double life sentence for what she described as a ”callous and extremely cold-blooded” murder.

She said Mboniswa as well as his defence team had also, during the trial, resorted to ”mud-slinging in a most appalling way”, for falsely implicating De Klerk’s innocent dancing instructor, John Thebus, in the murder, as well as her former fiancé, Jan Koekemoer, and her adoptive son, Willem.

Mboniswa’s mother, Sindiswa (42) had earlier told the court her son was a regular church-goer and had never displayed violent tendencies.

The judge said the fact that she had attended every day of the hearing indicated they had a close relationship.

Absent from the proceedings, however, were Mboniswa’s two sisters, who only arrived afterwards and burst into tears on hearing the sentence.

Hlophe said the fact that Mboniswa had gone to De Klerk’s home armed with the knife that he had used to stab her in the back, and had travelled a vast distance by taxi to Dolphin Beach luxury apartment, was an indication that he had planned the robbery and murder.

The judge said Mboniswa had not taken the court into his confidence to explain the incident. He said Mboniswa had the right to remain silent, but the fact was by remaining silent he had also not shown any remorse.

He said De Klerk had been subjected to a severe assault, by an assailant who was known to her. As a security guard based at the Dolphin Beach complex, Mboniswa had abused his position of trust.

The judge said the defence team — senior counsel Pat Gamble, assisted by Hugo Rossouw and Sheriff Mohamed — had not included anything in their final argument about special circumstances that may have justified sentences less severe than life imprisonment.

He directed the parole board to take into account that Mboniswa — in addition to the two life sentences for murder and robbery, and the three years for housebreaking — had already spent 18 months in custody as an awaiting-trial prisoner.

Heunis estimated Mboniswa would be considered for parole after serving 25 years in prison.

De Klerk’s ex-husband, former president FW de Klerk, did not intend to comment on the sentence, his secretary Brenda Steyn said.

Earlier this week, he said he was ”thankful” that a verdict had been reached in the case.

”He said he’s got nothing to add,” Steyn said on Thursday afternoon.

Western Cape provincial police commissioner Lennit Max said he noted the double life sentences ”with great satisfaction”.

”This is the culmination of many hours of hard work, at times days without rest, by the investigating team,” he said.

”This case once again highlighted the ability of the justice system to deal effectively with violent criminals.

”I am sure this will reinstate trust amongst the people of the Western Cape and satisfy their need to see justice being carried out in a swift and efficient manner.” – Sapa