News24

Jub Jub ruling 'sets precedent'

2012-10-16 22:29

Johannesburg - The National Prosecuting Authority said on Tuesday that the the murder conviction of musician Molemo "Jub Jub" Maarohanye and Themba Tshabalala will set a precedent, with drag racing becoming a serious problem.

"We are excited with the conviction, it proves that case law in South Africa is growing. We were well prepared, we came here confident... Drag racing is becoming a serious problem in our country, therefore this case serves as a deterrent to all other drivers," NPA spokesperson Phindi Louw said.

Maarohanye and Themba Tshabalala will spend Tuesday night behind bars after they were denied bail.

As Magistrate Brian Nemavhidi denied bail to the pair, members of their families burst into tears, while the relatives of their victims cheered and clapped in the public gallery of the Protea Magistrate's Court.

"Both the accused had ample time to get their houses in order... [Urgent bail] application denied. Postponed to 30 November for sentencing," Nemavhidi said.

He found Maarohanye and Tshabalala guilty on four counts of murder, two of attempted murder, using drugs, racing on a public road, and driving under the influence of drugs.

Maarohanye and Tshabalala were drag-racing in Protea North on 8 March 2010 when they crashed into a group of school boys.

Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola, were killed. Frank Mlambo and Fumani Mushwana were left permanently brain damaged.

Maarohanye hugged his family, took off his diamond-studded earrings, tan leather jacket and belt before getting into a police van. Sirens were switched on and the police motorcade departed.

Outside the court, Investigating officer Mpho Matshidiso, who testified for the State during the bail application, had one word to say about the decision.

"Ecstatic," he said, beaming, to reporters, while giving a thumbs-up.

Avoided eye contact

Relatives of the boys expressed relief at the judgment.

Mohube's uncle, Richard Ndlovu, said he and his family were very pleased.

"We are very happy that bail was denied. Now that they are in custody, we can move on with our lives," Ndlovu said.

He said their bigger concern at the moment was Mohube's mother, who collapsed in court when the judge announced the guilty verdict in the morning.

She was rushed to Chris Hani Baragwanath Hospital where she was being kept under observation.

"Her blood pressure was extremely high and the doctors were worried she might have a stroke," Ndlovu said.

"They have stabilised her and kept her in hospital for the time being."

The family would be back in court on 30 November for sentencing.

Throughout the judgment and their application for bail, the two accused did not make eye contact or acknowledge each other in any way.

Tshabalala, dressed in a dark suit with a red tie, sat motionless with his head held high while Maarohanye, in jeans and leather jacket, fidgeted in his seat.

During the urgent bail application both Tshabalala and Maarohanye expressed remorse.

State prosecutor Raymond Mathenjwa argued that both wanted bail for personal reasons that were not of an "exceptional nature", and that neither had taken the feelings of the grieving families into account.

Ahead of the judgment extra chairs and benches were brought into the packed court room. Every available space, standing and sitting, was occupied.

Court officials frequently asked for silence as the crowd groaned during the defence’s bail application for bail.

Comments
  • ft.burhaak - 2012-10-16 23:07

    Theres no precedent with drag racers.Thats why they drag race,they enjoy the thrill of the illegality of it.Is it not unfair to make jub jub pay as a pre emptive measure to scare the others.Deep condolunces to the parents,maybe adopt jub jub and the other accused,and maybe forgive and find healing in that.But also sentence them to hard labour in an orphanage or mortuary!This whole thing is a tragedy on all sides.

      emmakajee - 2012-10-16 23:20

      Please withhold your comment next time you have no idea what the fug something means.

      ft.burhaak - 2012-10-16 23:25

      @emma.Ok im dumb,please explain what it means?

      sekalf.nroc - 2012-10-17 07:03

      Yeeah Emma, would like to hear your explanation of your comment - sounds like a 5 years old.

      squeegee.pilot - 2012-10-17 07:21

      Your comment may have had some value if applied to someone who accidentally killed a pedestrian. You have conveniently left out the cocaine, the alcohol and the egos. These are the things that really require a severe punishment.

      nandipha.ntwashu - 2012-10-17 08:12

      @ft.burhaak. Im all about forgiveness @ the end of the day. Those families lost their children.Those children are 6feet underground.If you have a child, I presume u dont have one based on your comment.........no parent wishes even for their own worst enemy to lose a child.Let alone the fact that Jubjub is just showing now remorse as the reality of jail time is in his face. No arrogance anymore

      lorain.maseko - 2012-10-17 09:24

      @ ft.burhaak stop the drughs dude, the law is not constant it changes all the time and is is subject to review all the time hence the word precedence,it's a new yardstick with which to measure crimes of the same nature,it had to start with somebody and Jub Jub was it. If you ask me it's about time too.

      ft.burhaak - 2012-10-17 21:07

      @lorain.maseko.From what you stating,im more concernd about what drugs you on?So u are basically saying that the law has no integrity,and has to constantly find 'guinea pigs' to test it on.What hypocricy!So what is 'guilty' today through 'changing constantly' could be 'inocense' tomorrow.Why not just create laws within laws within precedents within laws within precedence till infinite?Maybe your argument should be used as a precedent to create a law against ignorance.

      ft.burhaak - 2012-10-17 21:29

      That is the diffrence bet your flawed 'inconstant' law and Sharia Law which is consistent nd unflawed.

  • tomas.evan.5 - 2012-10-16 23:42

    It is about the reckless and dangerous drivers on the road and that they are now going to be held accountable. I agree, the case should have been much shorter. The horrific death toll on the roads affects everybody.

      ft.burhaak - 2012-10-17 00:01

      @tomas.I dont dissagree.But reckless is a strange argument to make serious judgement upon.eg:i knew a guy who was testing the safety on his shotgun.So he impulsively pulled the trigger,and it went of.He had it positiond slightiy downwards,had it been 3 cm higher,he woukd have killed the person sitting in front.The recklessnes of 3 cm saved him from a lifetime in jail.Thats why theres a diff bet intent and reckless.

      Andrea - 2012-10-17 07:46

      ft.burhaak, I can tell by the company you keep that you are not very clever, you certainly cannot debate with merit. Yeah, let's make sure this ol' dubil hale works, call the kids!

      lorain.maseko - 2012-10-17 09:26

      @ ft.burhaak And if he had killed the other person he should have gone to jail

  • nolusindiso.mkoko - 2012-10-16 23:47

    Yes they going to jail..bt how will that help?? the bottom line is that 6kids died..they will neva come back..is this what we call justice???

      lacrimose.wolf - 2012-10-17 00:06

      There can never be enough justice/retribution for any criminal act, especially where people die. No punishment - not even death to the perpetrators - helps. We can just hope that a few more people will think about getting off their heads before driving; that a few more will see that their every action, has consequences. We're all foolish if we believe we can exist, act or even be, in isolation.

      thulani.sparks - 2012-10-17 03:07

      Do u knw wts d meaning of justice???...yerrrrr ppl on News24!!!

      yar.wellnofine - 2012-10-17 03:54

      Yes - This is justice Eventually

  • david.eccles.182 - 2012-10-17 00:02

    Its taken bloody long to make the ruleing. cos of stupid you know whats!!!!!!

      Christopher Steenkamp - 2012-10-17 02:18

      No, I don't know what's, what specifically do you mean?

  • Malose-Nyatlo - 2012-10-17 01:02

    Will that drunk engineer bloke who rammed into joggers, killing some of them instantly meet the same fate? Honestly this is precedent-setting! Thanx to Menzi Simelani, though he has been declared a liar.

  • gerrit.vanpletzen - 2012-10-17 04:06

    Since when can inferior courts set pecedents, and create case law? Only superior courts can set precedents,according to existing law. I think the NPA has made a huge blunder.

      ratsaka.eugene - 2012-10-17 05:23

      @even (layman) you can set precedence, but you can not set judicial precedence, there's no blunder here, they are going to jail, be positive man!!!!!

  • henri.laurie.7 - 2012-10-17 05:50

    Justice is served, FINALLY !! time to put lipstick on for Babba !!

  • linda.shezi.5 - 2012-10-17 06:02

    im one proud africa,this is no time for what if you were white or black its not always about you and what you think.As for this case i think anyone who is guilty of a crime should be behind bars period i dont care if you black or white.

  • johan.wilsnach - 2012-10-17 06:05

    The precedent is not all that one sided. The NPA seems to have their heads stuck up their butts or maybe this is a ploy to get the guys off the hook. This now has opened a can of worms, where every accident, where a death occurs now must follow the full extent of the law in the same way. If this does not happen these guys can shout selective prosecution. Once this happens the game is on. Knowing this system the chances are real that it will happen This is something the NPA perhaps did not consider.

      siphom.mnguni - 2012-10-17 06:58

      @johan.wilsnach:)I totally disagree with your sentiment for the following reasons; these guys accident is not your normal driving where you are accidentally involved in a collision. It was a drug and alcohol-fuelled drag-racing at an estimated 140/160 km in a 60 km built-up area. What does the law say to a person who voluntary drinks alcohol or take drugs with narcotic effect and commit an offence? Section 1(1) of the General Law Amendment Act 1 of 1988 provides that that person shall be found guilty of such offence. Why this Act? Because people used to hide behind the fact that on the day in question they were as drunk as lord to remember anything and they were acquitted on temporary insanity due to alcohol and drugs. This Act was passed as a reply to such people. The two \gentlemen\ were not driving but drag-racing in a built-up area full of school children and should have foreseened the that they were putting the lives and their limbes in danger, a result that we all know had happened.

      siphom.mnguni - 2012-10-17 08:30

      @quickquirky.: the Western Cape High Court sentenced a taxi driver on murder charge for skipping the level crossing as a result 10 school children were killed. Even though I was not in court at Protea surely that case should've been mentioned as it is a superior court to a Protea Magistrates Court which therefore form a stare decisis. Hope I make sense. There is also case in Mpumalanga of a truck driver-even though it seemed to have disappeared from the radar- where a truck driver skeeped a leve-crossing and the farm-workers were killed. He too was charged with murder. Let's see all those cases too, overturned on appeal.

  • ivan.vandermerwe.10 - 2012-10-17 06:19

    So lets hope that the case against the Durban Bridge Lawyer now comes to court and he is also found guilty of murder.

  • john.omar.161 - 2012-10-17 06:38

    This was long overdue. Our courts must take firm action against ALL who disobey road rules. 14000+ people die on our roads....Jub was responsible for just 4 of these....How about bringing the others to justice....!!!Take a look at just what our drivers get up to...real life videos and pics of accdients on the website wwwfatalmovesdotcom....This site is AWESOME

  • siyolise.maswana - 2012-10-17 06:40

    Jub jub the state mst play its role

  • Totwe Sekgetho - 2012-10-17 06:47

    I deplore the irresponsible actions of the pair which led to death and injury of innocent kids. But charging and convicting them of murder appears wrong and reversible in a higher court. Did the elements to determine murder change?

      lorain.maseko - 2012-10-17 09:50

      If you foresee that your actions may lead to somebody else's death and you decided to carry on anyways then yes you should be held accountable for murder,regardless of motive or intent,those are the technicalities that have reduced human life to nothing. I believe culpable homicide should be applied whereby your actions under normal circumstances to dont generally lead to another person's death.

      Azola Azee Barbie Ntsaluba - 2012-10-17 10:37

      I doubt that jub-jub nor shabalala woke up in the morning and decided to drag race and kill school kids its a shame yes but to be convicted for murder that is just wrong. It could have been anyone that was drag racing and under the influence of drugs imagine if it were you or a family member would you want to be convicted for murder by just one mistake ? no , yes lives were lost and it is sad , how many drivers who were drinking and driving who got away with murder ? too many ,didn't those families lose loved ones too ?Everyone takes drugs but i'm sure that neither jub jub or shabalala initially planned to harm or kill anyone .

  • neil.zive - 2012-10-17 07:15

    This is not justice it is simply revenge. They made a stupid mistake and were certainly guilty of manslaughter to even charge them with murder is an injustice. This is a sad day for the legal system and we should all be scared of how this could affect all of us. It's an absolute disgrace.

      zvico.chinx - 2012-10-17 07:46

      a stupid mistake ? hw abt the four lives lost

      nandipha.ntwashu - 2012-10-17 08:27

      the day u lose a child like that, please re write this comment

  • arthur.salvado - 2012-10-17 07:25

    Stop it guys. This is not a racial thing. Little children of whatever color were killed by negligent drug infused hooligans. Feel sorry for the families on both sides. Get over the race issue south Africa

  • rasthami.m1 - 2012-10-17 07:30

    Set day at the office indeed NPA please you not serving the nation but personal interest get zuma back in court to face all the charges without any restriction to evidence then I would say you are serving the nation !

  • luvo.luvos - 2012-10-17 07:37

    Murder is when a premeditated thought gets physically committed and this was just a stupid drug-fuelled drag race that went horribly wrong.

      gerrit.vanpletzen - 2012-10-17 07:58

      You do not have to have direct intent to be convicted of murder. If you are in charge of a very dangerous situation, then you can be convicted of murder by having indirect intent,, called dolus indirectus, or of murder through the doctrine of dolus eventualis. It is a matter of how your intent is formed. Extreme recklessness may be indicative of intent, and may have been the reason why the accused were convicted.

  • Grant Henry - 2012-10-17 07:48

    Jup Jup now someone is going to eat your poop poop.

  • gerrit.vanpletzen - 2012-10-17 07:49

    ratsaka.eugene, I am positive, very positive. When the NPA spoke about precedents, it was mentioned that CASE LAW is growing, so it is indeed LEGAL PRECEDENCE that is the subject here. I do not wish to be pedantic, but, unless you know what you are talking about, please refrain from putting your foot in it.

  • khathu.rasi - 2012-10-17 07:50

    Its sad for the victims, and the Victimiser Jub, sorry bra,weknow what u did is wrong, but seeing u being locked away is still painfull,

      dyalopu.zikhona - 2012-10-17 12:20

      Sorry va I didn't mean it its a mistake cos I fill sorry to 4 this guy @that song #Ndikhokhele@Baba he must think about it now god is always there when you need him

  • Randy Mushwana - 2012-10-17 07:57

    its a fiar judgement, now patiently waiting for november 30th to hear what theyl be slapped with on the face! drugs are indeed illegal..

  • smith.mbele.7 - 2012-10-17 07:59

    What r you people on about is a 'stupid mistake'\r\nSo if I drink beer and sniff some coacane, then get in my car and run over your child on their way home from school tht dies instantly, would you want the whole world to think it is a stupid mistake and life must goes on...

  • Randy Mushwana - 2012-10-17 08:03

    smith why would u be sniffing some cocaine n get behind the wheel while knowing its illegal, the judges decision is to set a 'precedent' to people like yoself!

  • malcolm.ramaphele - 2012-10-17 10:49

    let them go, they have suffered for 2 years already, its enough racism

  • dyalopu.zikhona - 2012-10-17 12:04

    I want to say to jub-jub family sorry but what happen won't bring back the boys only god can help even them if they know the play guilty but the were thinking its the safe way to say not guilty 50 yrs mean the going to die in side there they must pray all the time they sleep n wake up thank god 4every minute they get cos in jail the is nothing safe your lovely fan Z Dyalopu I want to dedicate @Ndikhokhele@baba by Jub-jub

  • mahoota.godfree - 2012-10-17 20:39

    whn day are drk frnds are few .hahahahahaha cheasboy

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