Update: Life sentence for Oscar
Oscar Foster Ndlovu will have to spend a life imprisonment term for killing Cindy Swanepoel.
Judge Maumela, who presided over the matter, said that the fact that Ndlovu openly told the court that he bought a firearm with the intention to kill the deceased, was a curious piece of evidence because it amounted to premeditation and preparation to commit an offence.
He also found that Ndlovu’s version, that he was submitted to months of racial verbal abuse but that no other colleague ever picked up on it, unlikely.
“In my sense and experience, where insults with racial undertones are concerned, people don’t do that using soft voices.”
Judge Maumela said that there was ‘an avalanche of options’ Ndlovu could have considered if he wanted to bring racial abuse to an end.
“In this country, there was a time when, if someone called you a k*ffir, and you went to the police station to report it, you would have been assaulted and called a k*ffir again. But we are way past that era. Now a criminal docket will be opened and in some instances arrests will even be contemplated.”
He said that the fact that Ndlovu did not even consider going to the police might indicate that he knew his accusation was so weak that it would not carry any weight if it was investigated.
“I don’t want to try and defend the deceased, but his version brings more questions than answers.”
Judge Maumela said that for Ndlovu to kill someone, and have her family bury her, and then come with accusations can only rub salt in the wounds of the loved ones of Mrs Du Plooy.
“Where is this country heading if calling someone names, k*ffir included, justifies his or her murder? And if that is the case, this country will sink into ghastly lawlessness.”
Judge Maumela further found that it is strange that Ndlovu chose the day he claims he had proof of his innocence, to kill his supervisor.
“Should he not rather have used the evidence he claimed he had, to proof his innocence? Even if his supervisor did not believe him, there were other people to witness the proof he claimed he had. But instead, he chose to kill the deceased on that day of all days.”
He said the fact that the accused failed the polygraph test implied that he was facing serious consequences.
“I cannot help but ponder whether the murder was committed out of frustration for failing the test and the theft, rather than racial abuse.”
Judge Maumela said that Ndlovu deliberately and without uttering a word, fired the killing shot at a woman that posed no threat. He also submitted everyone around them to immense trauma that they will have to deal with for the rest of their lives.
Mrs Swanepoel was not given a chance to defend herself or plead her case. He described the incident as a violent and vicious act against a defenseless woman and said that such a cruel and inhuman attack against an unarmed victim can be seen as an aggravating factor.
Judge Maumela said that Ndlovu only showed remorse before court but that in the year since the offence was committed, he has made no attempt to contact the family and ask for forgiveness.
“Although there is no legal obligation to that, I must mention, that the accused, being from the culture that he is, traditionally something more than what happens at court is usually done.”
He said that the court had a duty to protect the basic human rights of women which includes their peace and tranquility. Judge Maumela said that the court had to send a message to other criminals and rapists that it will show no mercy for those who invade the rights of women.
He further found that Ndlovu pleading guilty to the charges against him is because of the ‘smoking gun situation’ he found himself in and was done because he had no other choice.
Before sentencing Ndlovu to life imprisonment, Judge Maumela said that his daughter could go visit him in prison, but Mrs Du Plooy’s children had to go to a grave yard to connect with their mother.
“When the deceased’s children grow up to understand more of what happened, they must feel that the law took its course. Their mother will never return but the law did what it could for them.”
Ndlovu was sentenced to life imprisonment for murder, 10 years imprisonment for the illegal possession of a firearm and four years for the possession of ammunition, all to run concurrently.
It is suspected that he will serve his prison term at Baberton Correctional Services.
Update: Woman killed execution style
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