THE Durban High Court will on Wednesday (September 23) rule on the imprisonment term for convicted murderer Thabo Ntokozo Theodore Nzimande, after his defence and the State delivered in mitigation and aggravation, respectively, of sentence arguments on Monday (September 21).

On July 16, Acting Judge Mpumelelo Sibisi found Nzimande guilty of his grandmother Beata Beatrice de Lange’s (80) murder in Pinetown in 2024.

The defence, Emmanuel Chiliza for Nzimande, urged the court to deviate from the prescribed minimum sentence of 15 years, while the State, Advocate Nadira Moosa, argued that a just sentence for the “brutal” and “barbaric” murder would be 20 years.

In mitigation of sentence, Chiliza urged the court to consider Nzimande’s relatively young age (33), that he is a first time offender, and that he too suffered following his grandmother’s death.

“He could not, in the African way, say goodbye in a normal manner [to his grandmother because he was behind bars],”argued Chiliza, who had conceded that De Lange died in a “horrific manner”. 

Chiliza argued that by not pointing a finger to a third party and by not fleeing the crime scene, this showed that Nzimande is a suitable candidate for rehabilitation.

The defence further argued that Nzimande’s history of attempts to obtain higher education qualifications and securing employment should be considered by the court that he had been proactive about his life and had not waited on handouts from family members or strayed into a life of crime.

Chiliza urged the court to consider these factors as substantial and compelling circumstances which warrant it to deviate from the prescribed minimum sentence, half of which, once imposed, should be converted into correctional supervision.

The time Nzimande has spent in custody since his arrest on June 8, 2024, is another factor the defence wanted the court to consider.

Also read: Pinetown grandson guilty of gran’s murder to be sentenced

Moosa argued that it would be an understatement to describe De Lange’s stabbing and decapitation as “gruesome” and “barbaric” and that Nzimande had betrayed the trust of a defenseless, helpless old woman, a loved one who cared for him, who was attacked at her home, a place she considered a safe sanctuary.

“He essentially bit the hand that fed him,” argued Moosa.

Moosa added that despite the court rejecting Nzimande’s version that he had smoked marijuana and overdosed on prescription medication and so does not recall what transpired at the granny flat which was the murder scene, he still has not taken responsibility for his actions and so is not suitable for rehabilitation.

In the wake of a femicide epidemic, Moosa urged the court to use the sentence on Nzimande as a deterrent to others that such crimes, particularly those where defenseless, helpless women are victims, will not be tolerated.

The State prosecutor also urged the court to consider the impact this has had on Nzimande’s and De Lange’s family, which can be gleaned from the testimonies of those members who took the witness stand during trial.

Moosa argued that the defence had failed to place before the court any evidence suggesting that Nzimande had been diagnosed with a mental health condition and needed medication and so would not be fit for direct imprisonment.

Citing case law, Moosa added that ill health does not automatically relieve one from imprisonment because even in jail, comprehensive medical assistance is made available to inmates.

Moosa submitted to the court that considering the brutality of the murder, a sentence lesser than 20 years “would bring the administration of justice into disrepute”.

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