Jub Jub appeal based on 2 factors

2013-02-07 12:30
Jub Jub (Picture: Sapa)

Jub Jub (Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Video

Jub Jub gets 20 years

2012-12-06 08:30

Watch as relatives of the schoolchildren Molemo "Jub Jub" Maarohanye killed and injured in his car accident are upset over the musician's jail sentence.WATCH

Johannesburg - Musician Molemo Jub Jub Maarohanye applied for leave to appeal his murder conviction and sentence in the Protea Magistrate's Court on Thursday.

Rudi Krause, for Maarohanye, based the appeal on two factors: the law, and the doctrine of common purpose.

"[Maarohanye] was driving on the left-hand side of the road. He was not involved in a race. [Themba Tshabalala] lost control causing [Maarohanye] to also lose control," he told the court.

Krause was arguing that according to the evidence before the court, Tshabalala's car crashed into a group of schoolchildren.

Intent

He said the doctrine of common purpose did not deal with the issue of intent.

"The doctrine of common purpose does not render accused jointly liable for a criminal act," he said.

"Under the present circumstances, the evidence ought to have been assessed on conduct of each of the accused... The reliance in the doctrine of common purpose went further than it ought to have done." Krause argued that the evidence before the court on how the accident happened "casts serious doubt on the murder conviction".

"[The court] ought to grant accused one [Maarohanye] leave to appeal for the [murder] conviction."

He said there was a possibility a different court could arrive at a different conclusion, based on the evidence.

"I have no intention to make the life of accused two [Tshabalala] difficult," he added.

Krause said the 25-year jail term was "shockingly inappropriate" given the facts.

"A different court would find your worship imposed a sentence that is not appropriate," he said.

Tshabalala only appealing jail term

While Maarohanye was appealing both his conviction and sentence, Tshabalala was only appealing his 25-year jail term.

Tshabalala, in shackles, wore blue jeans, an orange shirt and brown jacket. Maarohanye, also in shackles, was clad in black trousers, a white shirt and had his hair neatly braided.

Both men sat in the dock looking at magistrate Brian Nemavhidi. Maarohanye occasionally leaned forward and looked at the floor.

On 5 December the same court sentenced them to 20 years imprisonment each for murder, and four years for attempted murder.

For use of drugs, driving under the influence of drugs, and racing on a public road, they received a year for each count, to run concurrently.

They were drag-racing in Protea North on 8 March 2010, when they crashed into a group of schoolboys. Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola were killed. Frank Mlambo and Fumani Mushwana were left permanently brain damaged.

The court found the men guilty on 16 October.

The relatives of the victims and Maarohanye's friends were present in court.

Mlungiseleli Soviti, for Tshabalala, was also arguing for leave to appeal on the grounds of the evidence.

 

- SAPA

Read more on:    jub jub  |  soweto  |  johannesburg  |  jub jub case
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
22 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 
Traffic
Lottery
 
  • Wednesday Hout Bay - 15:52 PM
    Road name: Chapmans Peak Drive
    WEDNESDAYS - ROAD CLOSED between 10am and 3pm for Alien Vegetation Clearing, every Wednesday until July
  • Wednesday Cape Town - 15:50 PM
    Road name: Two Oceans Marathon
    SATURDAY - extensive road closures through the southern suburbs, south peninsula and Hout Bay area from 4am until 2pm for the Two Oceans Marathon event
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

DSTV Mobile iDrifta

The iDrifta is a plug and play mobile DVB-H receiver...

From R445.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may find yourself fascinated by something which could draw you in to obsessively exploring this subject in depth....read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.