William Kekana (20) was sentenced to life imprisonment by the Pretoria High Court on Tuesday for the murder of a Brits electrician, Jacobus Geldenhuys (38).
When pronouncing the sentence of life and 35 years, Judge Johan Els criticised the inadequacy of the Correctional Services Act and said persons already serving life imprisonment in this country are ”given a licence to kill”.
Kekana is still awaiting judgement in the Rawstone triple murder.
Geldenhuys was shot execution-style three times in the head after being kidnapped outside a hospital in Sunnyside, where he had visited his wife.
Geldenhuys was robbed of his 4×4 bakkie, wallet, cellphone and revolver.
The hijacking in Pretoria took place just nine days before the Rawstone slayings.
Police confirmed that the firearm stolen from Geldenhuys was later used in the Rawstone killings.
The judge recommended Kekana must serve at least 45 years of his sentence before being considered for release on parole or otherwise.
Els said the Correctional Services Act determines that all other sentences are to be served concurrently with a life sentence, in effect giving persons already serving a life term a ”licence to kill”.
Nothing further can be done to such a prisoner.
”I am told that the accused is also on trial on other charges, including three of murder and a charge of robbery.
”I do not have to speculate if the accused is guilty in that case, but if he is found guilty and sentenced to three life terms and if I impose a life sentence today, it means that those sentences will simply be served together with the one I impose.
”Effectively he is therefore not sentenced on those charges at all,” Els said.
He pointed out that under one Section of the Act, life imprisonment means spending the rest of one’s life in jail. Another Section determines that such a prisoner can be considered for parole after 25 years or at the age of 65 if he has already served 15 years.
But Parole Board regulations state that a prisoner sentenced to life can be considered for parole after 20 years of his sentence.
”I have been criticised before for expressing the opinion that the death penalty would in certain cases be a more apt penalty.
”If one looks at the inadequacy of the Act as it reads [at present], I’m of the view that my statement about the death penalty is well-founded,” Els said.
He found that although Kekana was youthful, had acted in a group (Kekana blamed his now dead friend Charles Fido Baloyi for the shooting) and had been affected by the divorce of his parents, there was no real mitigation to justify a lesser sentence.
Judgement will be delivered in the Temba Circuit High Court on July 26 in Kekana’s trial for allegedly murdering one-year-old baby Kayla; her mother, Janine Drennan; and grandmother, Hester Rawstone, on July 31 2003.
He admitted guilt to 10 of the 14 charges in that trial, including kidnapping the three victims, raping a 17-year-old girl and attempting to kill her, but claimed Baloyi had shot Kayla, her mother and grandmother and forced him to take part in the crimes.
Baloyi died in a shoot-out with police. — Sapa