Four found guilty of mob justice murder

Four suspects who were part of the mob who allegedly murdered Simphiwe Gumede on February 4 last year in Phase Two, Extension 28, Vosloorus, were each sentenced to 17 years’ imprisonment by the Johannesburg High Court on March 9.

Kathorus MAIL investigated the case, where a member of the community, who at the time asked to remain anonymous, commented that Gumede and his unidentified friend, wearing balaclavas, ambushed Sipho Mahlangu and his girlfriend while they were on the way home from the nearest tavern.

“Gumede and his friend blocked the couple’s way and pulled Mahlangu’s girlfriend away from him. Mahlangu tried to defend his girlfriend. Gumede stabbed Mahlangu near his neck. He bled heavily and died on the spot. After stabbing Mahlangu, Gumede and his friend took Mahlangu’s girlfriend somewhere in Sunrise, where they allegedly raped her,” said the community member.

This led to cases of murder and rape being registered at Vosloorus SAPS.

The community member said while police were still on scene conducting their investigation, community members heard about the incident, gathered and went to Gumede’s shack, where he was found with his friend.

“His friend managed to escape. Gumede was caught and dragged to the scene where Mahlangu was stabbed to death,” the community member said, adding that Gumede’s shack was damaged by the mob.

ALSO READ:

 Mob justice cases on the rise in Vosloorus

“The pictures and videos circulating on social media also played a huge part,” said Mashishi, who added that a video shows Gumede being dragged by his private part to the scene where Mahlangu was murdered.

“He was beaten, kicked, hit with steel pipes and eventually stoned to death,” Mashishi explained.

Mashishi said Gadebe witnessed the happenings, but could do nothing to help him.

“The police were present, but could do nothing as they were outnumbered by the community members.

“They did everything in their power to try to contain the situation and even pleaded with the mob,” Mashishi said.

The accused, Dimakatso Phahlele (32), Percy Tsotetsi (33), Siphamandla Motloung (27) and Jackie Tsotetsi (29), were arrested on March 6 last year and charged with murder, abduction and causing malicious damage to property.

They appeared in court on March 8 for the first time and were released on R3 000 bail each on April 4 under the condition that they must have no contact with the witnesses.

According to Brig Themba Denge, Vosloorus SAPS station commander, he was called by the magistrate to be a witnesses.

“The first question I was asked was why the police did not do anything to stop the mob from killing the accused. I told the magistrate it is because of a lack of respect for the justice system that led the mob to do what they did in front of the police. The police were there with two vehicles to face a mob of more than 500 people. The police were outnumbered. We even called POPs to come and resolve the situation since they are well trained in dealing with public violence. I told the magistrate police even used rubber bullets to disperse the crowd,” said Denge.

He said if police used live ammunition to disperse the crowd it was going to turn out like what happened in Marikana.

“And the police were going to look bad,” said Denge.

He said the evidence he provided made it very difficult for the suspects to escape.

Communications official at the Vosloorus Police Station Capt Piet Rossouw warned community members that taking the law into their own hands is wrong and that they must understand how the justice system operates.

“Taking the law into your own hands sends a wrong message that the justice system is not working.

“If someone is being released on bail it does not mean he is off the hook. He is still going to face the law and be sentenced if found guilty.”

He added the public must accept the way the justice system works and that they must work closely with the police so they know exactly how the justice system works.

The accused were found guilty of the murder of Simphiwe Gumede and were sentenced to 12 years in prison. They were also sentenced to five years each for abduction.

This publication took to the streets of Vosloorus to find out how community members feel about the sentencing. This is what they had to say:

Amos Maibela (61): “People think the police are failing, but that is not the case. They need to be patient with the justice system and allow it to play its part.”

Zanele Mkhize (40): “Sometimes mobs have the incorrect information and end up killing the wrong people because they don’t do proper investigations.”

Mbali Khumalo (29): “I learnt a lot from this. Taking the law into your own hands is totally wrong. This is a story I will share with my great-grandchildren. Thumbs up to the police for the job well done.”

Stella Ngwenya (33): “Sometimes the police get it wrong and arrest the wrong people, who end up being sentenced while they are innocent. It is the same thing.”