Court rejects motive as mitigation in murder appeal
Killing a work colleague because you fear losing your job does not mean that you are entitled to a lighter sentence than life in prison. The Mercury reports this was the upshot of a recent ruling by three KZN judges who dismissed an appeal brought by two convicted killers against the life sentences they had been given for murder.
Relying on case law, the men’s lawyer had suggested that, where the ‘main source of discontent’ related to employment issues, a sentence of life imprisonment was not the only proper sentence.
The Appeal Court was dealing with the case of Buhlebuyeza Majola and Sibusiso Majola, who were convicted of murder and unlawful possession of ammunition and a firearm in April 2013. Judge Thoba Poyo Dlwati – who penned the judgment – said that neither of the men had explained the reasons for the murder, even at the sentencing stage. ‘If they had admitted their killing, then one would examine their actions leading up to the killing.
It cannot be argued that one needs to look into their fear and establish whether it was real in the circumstances,’ she said. The trial court had correctly found that the murder had been ‘senseless’. The judges said there was no reason to interfere with the sentence of the trial court.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





