Mbombela High Court sentences man to 20 years for burning girlfriend to death
The NPA highlighted the urgent need to address gender-based violence as the court weighed remorse for a brutal domestic attack.
Fanyana Simon Gama (50) will serve 20 years in prison for murdering his girlfriend, Bonisiwe Mahlikilane Masinga (42), in Mbombela.
The sentencing followed today, September 22, after the successful prosecution of a brutal act of domestic violence in which Gama doused the deceased with petrol and set her alight, resulting in injuries that ultimately claimed her life.
Argument leads to fatal attack
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The accused then went to a nearby fuel station where he purchased petrol and matches. Upon his return, the argument continued. In a fit of anger, he poured petrol over the woman and ignited it with matches.
Despite suffering extensive burn injuries, the deceased managed to flee to a neighbour’s house, where she reported that the accused had poured petrol on her and set her on fire. The neighbour immediately transported her to the nearest medical facility for treatment. Although medical personnel made every effort to save her life, she succumbed to her injuries about one week later.
Accused pleads guilty
The accused was subsequently arrested. In his plea statement, he admitted that his conduct was unlawful, wrongful, and punishable by law. He further expressed remorse for his actions and sought forgiveness from the court, the deceased’s family, and the community. He also stated that after setting the deceased alight, he attempted to extinguish the flames.
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A post-mortem examination confirmed that the deceased died from septic burn wound complications arising from the severe injuries she sustained during the attack.
Court weighs severity against remorse
During sentencing proceedings, Advocate Itumeleng Phatudi argued that the offence was serious and prevalent, particularly because it constituted an act of domestic violence committed against a vulnerable intimate partner. The State submitted that courts have a responsibility to send a clear message that gender-based violence and domestic violence will not be tolerated, and that perpetrators must face the full consequences of their actions.
In imposing sentence, the court found that substantial and compelling circumstances justified a deviation from the prescribed minimum sentence. The court considered the accused’s personal circumstances, his cooperation with law enforcement, as well as his confession and guilty plea.
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However, the court emphasised the exceptionally brutal nature of the offence, the irreparable loss suffered by the deceased’s family, and the alarming prevalence of gender-based violence in society. The court consequently sentenced Gama to 20 years’ direct imprisonment and declared him unfit to possess a firearm.
