The scourge of armed gangs who attacked and robbed innocent citizens in their own homes caused profound social demoralisation and impeded the transformation of society, a Pretoria High Court judge said on Monday.
Judge John Murphy effectively sent a 55-year-old man, who previously spent 15 years in jail for murder, to jail for 27 years for his role in torturing and robbing an elderly Laudium man and his son in their home two years ago.
Malim Mahomed (70) and his son Zunaid survived the attack, but the incident has traumatised Malim to such an extent that he is moving back to India next week because he no longer feels safe in South Africa.
Murphy said Patrick Mthethwa, who had 14 prior convictions spanning a career in crime over 40 years, was a ”violent, murderous thief and housebreaker” who should be removed from society.
Mthethwa was in 1987 sentenced to death for murder, but his sentence was commuted on appeal.
A former Atteridgeville reservist constable, Elijah Masha (25), who helped Mthethwa to torture his victims, was effectively sentenced to 22 years’ imprisonment.
Masha’s service pistol was used in the robbery, although their victims were not shot, but tortured with a hammer, knife and spanner.
Their accomplices, Albert Malatje (38) and get-away driver Brendan Mojaki (43) were effectively sentenced to 20 years’ imprisonment each.
The accused were all found guilty on charges of robbery with aggravating circumstances, assault with the intent to cause grievous bodily harm and the unlawful possession of a firearm and ammunition.
Murphy said the accused had subjected a gracious elderly man and his son to a night of barbaric torture and humiliation.
Mthethwa and Masha had degraded their victims in a cruel and sadistic manner that went beyond what was necessary to subdue them.
He said the effects of this type of crime could not be underestimated. It not only left the victims traumatised but also caused anxiety throughout society and threatened the social fabric.
”The message must go out to those who have adopted these types of activities as their chosen lifestyle that they must expect to spend a large part of the remainder of their lifetime behind bars.
”Their behaviour, no matter what the socioeconomic and psychological causes, will no longer be tolerated.
”They are a minority of hoodlums who threaten the majority of law-abiding citizens who want to build our country into a successful democracy.
”They must understand that they will face the full force and authority of the law,” he said. — Sapa