Jub Jub ruling 'sets precedent'

2012-10-16 22:29

Jub Jub (Picture: Sapa)

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.

- SAPA