Sindisiwe Manqele has been sentenced to 12 years in prison for killing her boyfriend Nkululeko ‘Flabba’ Habedi.
Judge Solly Sithole handed down the sentence to Manqele at the High Court sitting at Palm Ridge Magistrates’ Court on 10 March. Judge Sithole recommended that parole may only be granted after Manqele has served two thirds of her sentence (8 years).
Manqele’s defence team had already compiled an application for leave to appeal and Adv Norman Makhubela asked for the matter to stand down in order to adjust the application.
The 27-year-old Manqele was found guilty by Judge Sithole of Flabba’s murder on 10 December. The court found that she had exceeded the limits of private-defence when she stabbed Flabba in the chest on 9 March 2015.
The trial was a long but efficient process that was held at Randburg Magistrates’ Court. Throughout the trial, Manqele claimed to be remorseful and maintained that she did not want Flabba to die.
Judge Sithole said, “We live in a society that is organised in a particular fashion, in places such as courts we are required to punish and sentence those who commit crimes.” He furthered explained that it is the court’s job to hand down an appropriate sentence for the crime that Manqele had committed.
The question of mercy and rehabilitation was discussed in length as being an important part of sentencing in South African law.
Judge Sithole explained how the crime Manqele committed has a minimum sentence of 15 years in prison. He further stated that the law (Criminal Law Amendment Act, No.105 of 1997; Minimum Sentences) reflected the state of affairs of the country when the law was passed in the mid 90’s.
There were substantial and compelling circumstances to allow Judge Sithole to hand a shorter sentence.
• The death of Flabba occurred as result of a heavy confrontation in a limited space. Thereby both Manqele and Flabba were victims of the circumstances.
• Manqele tried to save his life by applying CPR which showed the level of regret and trauma she felt after she stabbed him.
• She was a victim of mutual jealousy.
• Judge Sithole had no doubt that the reports that indicate that Manqele is not inherently evil as true which means that she can be rehabilitated.
• The fifth circumstance is that Manqele is a first time offender and has no previous criminal record.
Related articles:
Manqele gets bail with strict conditions
Judgment has begun in Flabba case
