Zolani Myeki (36), found guilty of murdering local ANC Youth League regional leader Oscar Dondashe, was sentenced to life imprisonment by the Grahamstown High Court on Friday.
Zolani Myeki (36), found guilty of murdering local ANC Youth League regional leader Oscar Dondashe, was sentenced to life imprisonment by the Grahamstown High Court on Friday.
Myeki was also sentenced to 15 years on four counts of robbery with aggravating circumstances each, three years for attempted robbery with aggravating circumstances, seven years for unlawful possession of a firearm, and one year for unlawful possession of ammunition.
The sentences will run concurrently. Myeki shot and killed Dondashe in V Street, Tantyi Location, on 12 July 2009. He demanded money and his cellphone at gunpoint from Dondashe, who was returning home late at night with his girlfriend.
When Dondashe said he had neither, he shot him in the back of his head. The court heard that Myeki had previous convictions, ranging from attempted murder, two counts of attempted rape, and housebreaking with intent to steal.
In mitigation of sentence on Thursday, 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.
However judge Nomathamsanqa Beshe sentenced Myeki to life imprisonment for the murder of Dondashe. Handing down sentence Beshe said much has been said about the age of the accused.
“He is not regarded as youthful, taking into account the age of his victims who were younger than him. The deceased was 25 years old, a useful member of the community. He was involved in politics, and was going to marry his girlfriend Xolelwa Saku, who he was killed in front of, and left behind his 4-year-old child. All the hopes of the deceased, his parents and community came to an end when he was killed,” said Beshe.
She said evidence reveals that the deceased was killed in cold blood and he never resisted. “It's clear from the evidence that the accused was the ringleader of all the offences,” said Beshe.
Xozwa applied for leave to appeal the judgement on the murder charge. He argued that there was no physical evidence presented in court. “There was no wallet, and no fingerprints were taken,” said Xozwa.
However, state prosecutor, advocate Heinz Obermeyer disagreed with Xozwa, and asked the court to refuse the application. “We have heard the submissions made by the defence before the accused was convicted. There's no prospect that other courts will reach a different decision,” argued Obermeyer.
Beshe agreed with Obermeyer and refused leave to appeal. Meanwhile, Dondashe's elder brother, Thulani Dondashe welcomed the sentence. Addressing the crowd outside the court, he thanked the ANC and the community for their support. “This shows that our judges are sober, and we must do the same thing to all other families who are affected by crime,” said Dondashe.
ANC Youth League leader in the Cacadu region, Mthuthuzeli Mathyumza also thanked ANC members for the support they have shown throughout the trial. “Now we know he [Myeki] will never come back, although we know that this will never bring Oscar back,” said Mathyumza.
Zankie Mhlahla of the ANC Women's League asked the members to take up what Dondashe stood for and continue where he left off. Khotso Moleli of the Young Communist League (YCL) also welcomed the sentence, and praised the support of the members.
“We have shown the Dondashe family that Oscar was not alone in the struggle,” said Moleli. He also said the YCL will embark on a campaign that will ensure Dondashe's name is remembered. “With the current changing of names of places, we will ensure that his name is there as well,” explained Moleli.
Bongani Hanise, also from the YCL, urged members to ensure that the ANC win the up coming local government elections in the name of Dondashe.
