AFTER two delays to the sentencing proceedings, and just over two years of trial, the Durban High Court on Wednesday (October 28) sentenced Thabo Ntokozo Theodore Nzimande to 23 years’ imprisonment for the 2024 brutal murder of his octogenarian grandmother in a granny flat located on his uncle’s property in Pinetown.

The court gallery was nearly empty, with only investigators and other officials present, when Acting Judge Mpumelelo Sibisi handed down the sentence he said should send a message to society that vulnerable groups would be protected.

Sibisi said when ruling on the sentence, consideration was made that there was no premeditation, which the State had conceded to, and that Nzimande has been in custody for approximately two years.

“The discretion of this court, insofar as sentencing is concerned, is exercised precisely because the accused did not, at any stage during trial, demonstrate remorse; the cruel nature of the crime committed; that the deceased was a vulnerable member of society; that the crime was committed by the accused who was in the position to respect and protect the deceased; that the accused took a step further when he decided to decapitate the deceased; and that the personal circumstances of the accused are not different to those of ordinary members of society,” said the judge.

Sibisi said it is important to point out that South Africa has high levels of violence against vulnerable persons, who include women, children and the elderly, a category which includes Nzimande’s grandmother, Beata Beatrice de Lange (80).

“Like other people, elderly people are meant to benefit from their Constitutional rights, and have a right to be free from all forms of violence. Their privacy and dignity have to be respected and protected, more so by family members,” said Sibisi.

The judge also highlighted that according to testimony given during trial by the pathologist who performed the post mortem on De Lange, it could not be determined whether she was still alive when her head was severed.

However, the doctor mentioned that there was a possibility that the abrasions to her head are related to it being kicked or thrown around by Nzimande, the judge said.

Sibisi added that it was important to also note that the doctor did not find any evidence of what is colloquially referred to as defensive wounds.

“It is clear that the lack of defensive wounds means that the deceased was unable to defend herself against the accused. Significant amount of force was used by the accused. The instrument that he used in the commission of the murder and the decapitation meant that the deceased stood no chance to survive the attack. It is apparent that the accused knew that he had the strength to overpower the deceased,” said Sibisi.

The judge said in light of the testimony by the police officers who were first at the scene, that the granny flat was locked, with Nzimande and his grandmother inside, even if she had attempted an escape, she stood no chance of surviving.

Also read: Grandson in grandmother’s decapitation case found guilty

“The decapitation demonstrates that the accused had no other intention but to kill the deceased. This is in contrast to the assertion by the accused that he loved the deceased,” said Sibisi, who added that at that moment of the murder, Nzimande “completely forgot the important role” his grandmother had played in his life.

Sibisi said the pain experienced by the family when they learned of the brutal murder, and that caused by the statements Nzimande made on the day of the crime, cannot be measured.

The court heard during trial that Nzimande, while in a police van, had shouted a statement to the effect that he would gain infamy across Pinetown, and that his ancestors had instructed him to commit the murder.

In his sentence, Sibisi said the option of correctional supervision, which the defence had argued for the court to consider, could not be regarded “when looked at with other factors”.

“It is hoped that the sentence will give the accused an opportunity to reflect on his actions, take advantage of various programmes offered by Correctional Services to skill himself and reintegrate into society after serving his sentence,” said Sibisi.

The judge ordered that Nzimande’s name be enrolled in the register of persons prohibited from working with or caring for the elderly and children. Nzimande was also declared unfit to possess a firearm.

Nzimande’s defence attorney, Emmanuel Chiliza, told the court that he has been instructed by his client to appeal the conviction.

The State said that the appeal would be opposed and that in that instance, it would seek for an increased prison term.

In July, Nzimande was found guilty of his grandmother’s murder, with the court, in the judgment, rejecting his version that he does not know what happened on the night of the murder in the granny flat he shared with De Lange because he had smoked dagga and overdosed on prescription pills and had passed out. 

During trial, Nzimande had told the court that he only came to when the police had arrived at the scene of the crime. 

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