Jailing the man who shot famous historian David Rattray for an effective 25 years on Thursday, KwaZulu-Natal Judge President Vuka Tshabalala said such a crime would have resulted in the death penalty not many years ago.
The judge, however, found substantial and compelling circumstances that allowed him to deviate from the prescribed sentence of life.
He said the gunman, Thembinkosi Ndlovu (24), had pleaded guilty, had a clean record, had expressed remorse, had supported his six siblings and came from an impoverished background living in a fairly rural area.
Ndlovu, who testified in court, said he was told to shoot Rattray as he was the youngest of the gang.
Tshabalala said it would be unjust to sentence Ndlovu differently to the 25 years imposed on fellow gang member Sibusiso Nkwanyana, who was jailed by Judge Jan Hugo earlier this month.
Tshabalala said that since Ndlovu’s father had died in January this year he should have been in mourning, ”not going around and shooting people”.
He said the murder of Rattray and the attempted aggravated robbery of Rattray and employee Carol Zulu was motivated by greed for quick money.
”Life is a struggle; people should earn their living and not rob.
”Rattray’s murder and other murders and robberies give south Africa a bad name, more so as the 2010 is approaching. Some people who want to come to the World Soccer Cup may change their mind because of people like you,” Tshabalala said.
Ndlovu’s guilty plea was read out by his counsel, Preggie Marimuthu of the Legal Aid Board.
Parts of it read: ”…six of us stopped at a bush close to the place of Rattray … firearms were distributed among us … We all, fully armed, then went to the place of Rattray.
”… We pointed firearms at employees of Rattray and demanded money … They told us that they had no money — it was with Rattray.
”We took the employees to Rattray’s building … Four remained outside the building while Sibusiso Nkwanyana and I went inside to look for Rattray.
”Inside Sibusiso and I pointed firearms at Rattray’s employee. I was behind her and Sibusiso was about 3m behind me … we came across Nicola Rattray … She screamed and this alerted Rattray … he emerged from a room and came towards us … Sibusiso instructed me to shoot him, I then fired at him … Sibusiso instructed me to shoot him again. I complied with the instruction.
”Zibonele Mpanza [a gang member] stood at the door and instructed us to leave … The six of us then fled.”
State advocate Sandesh Sankar accepted the plea of guilty but did not accept that Ndlovu was accompanied by Sibusiso.
Rattray employee Prisca Mpanza, who wept at times while testifying, said that only the gunman went into Rattray’s bedroom. No other members of the gang were with him in Rattray’s room.
However, Tshabalala said one had to look carefully that Ndlovu’s version that Sibusiso was with him and instructed him to shoot Rattray was not possibly true.
It was possible that one of the gang would go in with a gun and the other would collect the spoils.
Ndlovu was sentenced to 15 years’ jail for the attempted aggravated robbery. This is to run concurrently with the 25-year murder sentence.
He ordered that he serve 18 years before being considered for parole.
Widow Nicola Rattray and her eldest son, Andrew, and friends were at the court building, but she did not go into the court. — Sapa