The 38-year-old Luyanda Fuzile has been sentenced for the murder of a police officer, Sgt Nametso Ignatius Molema, who was stationed at the Table View Police Station.
Fuzile convinced the court that he did not pull the trigger of the firearm that killed a police officer and nearly killed another.
Fuzile and four co-accused have been charged with robbery with aggravating circumstances, kidnapping, murder, attempted murder, illegal possession of a firearm and illegal possession of ammunition.
The National Prosecuting Authority (NPA) said in a statement Fuzile was declared unfit to possess a firearm in terms of Section 103(2) of Act 60 of 2000.
Confession
The sentence follows his decision to enter into a plea and sentencing agreement with the State where he confessed about his role in the crimes preferred against him and his co-accused.
He confessed that in October 2021, he and four accomplices met and planned to rob GR Spices in Killarney Gardens. A month later they met again and discussed how they would arm themselves with firearms and commit the robbery the next day. On the morning of 26 November 2021 they entered the spice shop pretending to be looking for work.
When the owner, Christopher Green, and employee, Rozande Scheffer, told them there was no work and demanded them to leave, they took out firearms, pointed them at the two and ordered Green to lie down. One of them searched him and found a firearm and R1 000.
They also found R80 000 in his bag and took a laptop from his office, the Table View police confirmed to TygerBurger.
They then demanded to know where the safe was, found it and ordered Green to open it as they realized they needed a code to open it. While making these orders, they noticed police and security guards who were called by other employees were outside the shop.
“The robbers shoved firearms on the backs of Green and Scheffer and forced them to accompany them to a shutter door which was then opened. As police demanded them to surrender, they started shooting at the police and security guards while using Green and Scheffer as human shields.
“The police and security guards could not shoot back. Fuzile and two of his accomplices managed to flee while another co-accused who remained behind shot and killed Sgt Molema and shot and wounded Malibongwe Mnani,” the statement reads.
Arrest
The 38-year-old was later arrested in Du Noon, with R987 in his possession which was believed to be the money he took from Green. In his plea and sentencing agreement, he accepted criminal liability but informed the court that he did not fire the shot that killed Molema.
Senior State Adv Aradhana Heeramun told the court that the phenomenon of attacks on law enforcement officials was egregious and had become particularly prevalent in the Western Cape and the country.
“The robbery and murder were planned and premeditated. The murder is a foreseeable consequence of the accused’s actions. The accused is aware that since he has been convicted on a charge of murder committed by a group of persons in furtherance of a common purpose or conspiracy and that a policeman who was performing his duty was the victim.
“The Legislature has ordained in Section 51(1) of Act 105 of 1987, read with Part 1 of Schedule 2, that a prescribed minimum sentence of life imprisonment may be imposed unless the court should find substantial and compelling circumstances justifying a departure from the prescribed minimum sentence,” the NPA says.
Adv Heeramun told the court the parties agreed that the personal circumstances of the accused, mitigating factors, time spent in jail since his arrest on 26 November 2021 and his willingness to take responsibility for his role in the commission of the crimes, should be taken cumulatively to be substantial and compelling circumstances which justify a departure from the prescribed minimum sentence of life imprisonment for murder.
