Eastern Cape court hands down 50-year sentence to paroled murderer for armed robbery spree
Six people have been recently sentenced for a string of robberies in the Eastern Cape
Image: IOL
The Bhisho High Court showed no mercy to the Eastern Cape’s notorious robber Fikile Msindwana, 57, who committed crimes while out on parole for murder. The court recently sentenced Msindwana to 50 years imprisonment for a string of armed robberies that he committed with five others across the Eastern Cape.
In sentencing Msindwana, with co-accused Camagu Zimela, Siphelo Mase, Siyamthanda Mkhangeli, Noveki Maqundeni, and Zoleka Ntsizi, Judge Igna Stretch determined that the robberies were not spontaneous. Judge Stretch stated that the evidence showed the crimes were planned.
Between December 2018 and July 2019, local businesses were the targets of a series of armed robberies. In several of these incidents rifles, including AK-47s, were discharged.
“It has been contended on Msindwana’s behalf that I should consider his age as a blanket type substantial and compelling circumstance to cover the multitude of sins which I have just referred to, and to deviate from the minimum sentence provisions. There is no reason for me to do so, and no reasons have been advanced,” Judge Stretch said.
She said in 2017, Msindwana was found to have been a candidate for parole by the acting director of Pre-Release Settlement, even though he had been sentenced to life imprisonment and had escaped from custody.
“I emphasise that the accused committed the bouquet of offences before me within months of having been released on early parole. I do not doubt that the parole board is as anxious as the victims of the offences before me, that there should be some form of assurance that this will not happen again,” she said.
The judge observed that substantial and compelling circumstances justified a deviation from the minimum sentence, citing Zimela's declining health.
Additionally, the judge noted Mkhangeli's lack of prior convictions and his six-year wait for trial. “His role was only linked to the theft of the liquor,” she said.
She said Maqundeni was deceived by her ex-boyfriend, Msindwana, who made her believe that the AK-47 used in the crimes had been issued to him for his security business.
“She has placed vital information before this court to assist it to discredit much of the versions of Msindwana, Zimela, and Mase,” Judge Stretch said.
She regarded Maqundeni as an honest witness during the trial. She expressed shock that Maqundeni had spent four years in custody before finally being granted bail during the trial. She said a suspended sentence was appropriate for Maqundeni, “In my view, she is a victim.”
The judge said Ntsizi, the ex-girlfriend of Msindwana, fell into the same category as Maqundeni, but noted that she played a major role in facilitating cash-in-transit heists.
Zimela was sentenced to 15 years imprisonment, Mase got 20 years imprisonment, Mkhangeli got 12 years imprisonment, Maqundeni was sentenced to five years, wholly suspended for five years on condition that she is not convicted of any offence involving unlawful possession of a firearm during that period.
Ntsizi was sentenced to 12 years’ imprisonment, wholly suspended for 5 years on the condition that she is not convicted of robbery with aggravating circumstances. Msindwana would only be eligible for parole after having served 20 years of imprisonment.
They were all declared unfit to possess a firearm.