The man who murdered local ANC Youth League leader, Oscar Dondashe, will be sentenced in the Grahamstown High Court today after he was found guilty on eight charges last month.
The man who murdered local ANC Youth League leader, Oscar Dondashe, will be sentenced in the Grahamstown High Court today after he was found guilty on eight charges last month.
Zolani Myeki, 36, shot and killed Dondashe in V Street, Tantyi Location, on 12 July 2009. He pointed a pistol at Dondashe, who was returning home late at night with his girlfriend, and demanded money and a cellphone from him. When Dondashe said he had neither, he shot Dondashe in the back of his head.
Judge Nomathamsanqa Beshe found Myeki guilty of murder, four counts of robbery with aggravating circumstances, attempted robbery with aggravating circumstances, and unlawful possession of a firearm and ammunition.
The court heard that Myeki had previous convictions, ranging from attempted murder, housebreaking with intent to steal, and attempting to escape from police custody. In mitigation of sentence yesterday, defence attorney Mthuthuzeli Xozwa said circumstantial and compelling circumstances existed in the case. He argued that his client was relatively young, had a child and had subnormal intelligence, having passed only Standard 6.
He said Myeki should not be sentenced to life imprisonment. Long-term imprisonment would give him a chance to be rehabilitated. “Sending him for life imprisonment will close the doors for him,” said Xozwa. Judge Nomathamsanqa Beshe, however, pointing out Myeki's previous convictions, said, “He did not use the advantage of those doors in the first place.”
Xozwa asked for a lesser sentence for the conviction on the charge of unlawful possession of a firearm and ammunition. He said a prescribed minimum sentence did not apply to the charge. “My client was convicted on the charge, but no firearm was recovered from him. We don't know the nature of the firearm, we only know that a firearm was robbed from one of the complainants,” said Xozwa. He also asked for the sentences to run concurrently.
“There are numerous counts against the accused and these will necessitate the court to impose a long sentence,” said Xozwa. Meanwhile state prosecutor, advocate Heinz Obermeyer, said the accused had an intention to kill Dondashe. “They went on a crime spree between 3 and 12 July 2009. It was his intention kill Dondashe.”
“He (Myeki) pointed a gun at Dondashe's girlfriend, Xolelwa Saku, and said she should be killed as well. If it had not been for the police van approaching, Saku would probably have been killed as well,” Obermeyer said. He described Myeki as a danger to society.
“His actions show no respect for other human beings,” said Obermeyer. Obermeyer said he had received letters from the ANC Women's League, the ANC Youth League and the Young Communist League, pleading that the perpetrator should receive a severe sentence. Beshe postponed the case to today for sentencing.
