The High Court of South Africa: North West Division, sentenced 42-year-old Lukhanyo Mnembe with 25 years’ imprisonment for the murder of 30-year-old Thamsanqa Phoofolo, with 10 years on each of the two counts of pointing a firearm.

The spokesperson of the National Prosecuting Authority in North West, Henry Mamothame, explains that the court ordered for the sentences to be run concurrently. Mnembe was also declared unfit to possess a firearm.

According to Mamothame, Mnembe’s conviction stems from an incident that took place on the night of 4 April 2019 at Ikageng near Potchefstroom, where valuable items were stolen from a tavern that he owned with his wife. 

He says the evidence presented in court revealed that Mnembe received a tip-off from an unknown source that the deceased was one of the people who broke into his tavern. On the night of 5 April 2019, Mnembe went to the home of the deceased carrying a gun and an axe and ordered him to come out of his shack.

After the deceased’s refusal to come out, the accused broke in and started assaulting him. Mamothame adds that the deceased's mother, brother, and his sister’s two-month-old baby were inside the house, and upon hearing the commotion from outside, they went to intervene, but the accused threatened them by pointing a firearm.

'Don't shoot in front of baby'

The accused then fired one gunshot, after that, the deceased escaped into the shack, and Mnembe followed him. He further explains that the deceased pleaded with Mnembe not to shoot him in front of the baby, but the plea fell on deaf ears as he fired two more shots that killed Phoofolo on the scene. 

"The state prosecutor, Adv. Benny Kalakgosi, argued in aggravation of sentence that the accused was a police officer who failed to report the matter to the police but instead took the law into his own hands.

"He further argued that the family is still suffering from the trauma of being pointed at with a firearm and of having their loved one murdered in their presence. Judge Eulenda Mahlangu agreed with the state and further indicated that the accused should have known as a law enforcer, that vigilantism is a scourge that law enforcement is always encouraging members of society not to practice," Mamothame said. 

The Director of Public Prosecutions in North West, Dr Rachel Makhari-Sekhaolelo, lauded the prosecutor and the investigation team from the SAPS for their hard work. 

OFM News