Byline: Refeloe Letsoisa
20 January 2025
The eMalahleni Regional Court has convicted and sentenced two siblings, Skhumbuzo Solly Mabena (29) and Nkululeko Hendrick Mabena (30), to life imprisonment and an additional 10 years of imprisonment each for murder, attempted murder, and kidnapping.
The tragic incident occurred on 13 November 2014, in Hlalanikahle, Emalahleni, while the accused were still learners. The duo kidnapped Michael Mofokeng, accusing him of breaking into their uncle’s house and stealing a sliding door frame. They confined the victim in a cage at their home before leaving to attend their exams. Upon returning, they transported Mofokeng to a sports ground, accompanied by members of the community, where they began assaulting him.
The victim was interrogated about the person he was with when committing the alleged theft. Mofokeng insisted he acted alone, but a community member suggested that Mofokeng was with Sipho Nkosi (24). One of the Mabena siblings, along with others, went in search of Nkosi, bringing him back to the scene. The assault on both Mofokeng and Nkosi continued, with Nkosi succumbing to his injuries. Mofokeng survived to testify.
The accused pleaded not guilty and claimed that the community members, not they, were responsible for the assaults. Regional Court Prosecutor Ellen Mafata presented compelling evidence from the surviving victim, who identified the role of each accused in the crime. The court convicted both Skhumbuzo and Nkululeko of murder, attempted murder, and kidnapping. A victim impact statement from the father of the deceased, compiled by court preparation officer Musa Mkhatshwa, painted a picture of the deceased as a non-violent individual. Prosecutor Mafata argued that the accused had taken the law into their own hands instead of reporting the break-in to the authorities.
In sentencing, Magistrate Combrinck condemned the brutal way the deceased was killed. He found no substantial or compelling reasons to deviate from the prescribed sentence and sentenced the pair to life imprisonment each for murder, eight years each for attempted murder, and an additional two years each for kidnapping. The sentences for attempted murder and kidnapping will run concurrently with the life sentences. Furthermore, the court declared the siblings unfit to possess firearms under Section 103 of the Firearms Control Act 60 of 2000.
The National Prosecuting Authority (NPA) remains committed to ensuring justice for victims and advocating for harsher sentences for violent crimes that threaten community safety.
