Judge takes pity on farmer’s killers

2012-08-28 11:00

Pretoria - A North Gauteng High Court judge has reduced the sentences of three farmworkers who admitted to killing the farmer they had worked for - apparently because he was unfair, cruel and mean to them.

Judge Neil Tuchten reduced the sentences of Dumisani Zwane, who got 20 years, and Skhumbuza Ndaba and Mbongeni Ndaba, who had both received 25 years, to 12 and 15 years, reported The Pretoria News.

In his verdict Tuchten said the circuit court trial judge had placed too much emphasis on farm murders and said this was not a farm murder but “a murder on a farm”.

He said they had killed Gert Rabe on his farm in Wakkerstroom not for financial gain but out of anger and resentment for his behaviour towards his employees, who were apparently assaulted frequently and sexually humiliated.

The farmworkers had apparently at first tried to hide the murder but had later given themselves up at the police station and pleaded guilty to murder.

  • graham.dutoit.12 - 2012-08-29 05:57

    and when they do the same again will the judge be charged with being an accessory to murder?

      ann.murray.9279 - 2012-08-29 14:07

      Good question Graham!

  • Mr.visvangfrikkie - 2012-08-29 06:56

    Amazing!! They murdered someone you bloody idiot!! They should be shot! The judge is basically justifying murder? Wonder if he'd say the same if it happened to a family member of his?

  • frank.cornelissen.1 - 2012-08-29 07:00

    Another liberal, bleeding heart fool setting free another three murdering swines as these pieces of trash will be out in two!! The state should take this on appeal!

      konrad.rontgen - 2012-08-29 08:13

      This was on appeal, so the state had enough opportunity to argue against the reduction in sentence.Judge Tuchten is a old school judge, and he would not have reduced the sentence without reason etc. Its my opinion that the reporter did not disclose all the facts on why the sentence was reduced. The court will never interfere on appeal, unless the facts warrant such intervention

  • janabothaboshoff - 2012-08-29 07:18

    And this is why in South Africa, the rights of the criminal weigh more than the rights of the victim. Sitting an effective six years for a murder because someone humiliated you? I should have shot that teacher in Gr. 12 and gone to jail to complete my studies...

  • jack.kukard - 2012-08-29 07:24

    I wonder what you will do if it happened to your family , lets hope it happens tuchten..........

  • koos.vandermerwe.75 - 2012-08-29 07:25

    While you are at it judge Neil Tuchten, why don't you make the farmer less dead?

  • andy.rossell - 2012-08-29 07:59

    The law in South Africa the ANC have failed this country in every aspect.We are slideing into anarchy.

      narike.lintvelt.9 - 2012-08-29 13:36

      Government-backed genocide. See more at

  • abigail.wenzlerbekker - 2012-08-29 08:10

    Yes, it seems Murder is acceptable if you are treated badly. Going to the police or sorting out the problem in the first place and keeping your side clean is not the answer, because that would be morally wrong.

      ina.cripps.5 - 2012-08-29 08:22

      I have been trying to say something of the sort too, but news24 keeps on telling me they cannot place my comment, I wonder why?

  • Hemlock - 2012-08-29 08:11

    What an a**hole. This "Judge" should be disbarred for being an IDIOT!

  • ina.cripps.5 - 2012-08-29 08:25

    What is this country coming to? So the message potential murderers get is: It's OK to commit murder, if you have been treated unfairly? Get a light sentence and in a few years, you will be out of prison, and can go and kill some more farmers! It is sickening!

      amanda.victor.92 - 2012-08-29 09:30

      Yes, whatever happened to leaving your place of employ if you're unhappy? This judge has just given everyone in the workplace the right to murder their boss if they're not happy with them. And that this judge believes these liars is just so pathetic. Let's hope this judge doesn't regret his decision were one of these poor dears to happen upon his family.

  • neville.chamberlain.509 - 2012-08-29 08:29

    When smart people have stoopid ideas they tend to be in the league of the functioning moron. And doesn't farm murders just happen on farms? What's the difference?

  • ken.freeman.739 - 2012-08-29 08:31

    Yes yes yes.They will be out again in 6-7 years and do it again.Good on the judge.Hope you will be able to live with yourself.

  • fanievanvuuren.heynz - 2012-08-29 08:33

    murder is murder doesnt matter where and how it happened someone was murdered by these idiots - overall sentencing for murderers are to little!!!! just bring back the bloody death penalty - case closed

  • ken.freeman.739 - 2012-08-29 08:34

    Ye,he should also be on trail for condoning murder

  • dave.j.colquhoun - 2012-08-29 08:35

    So, aurder on a farm is dfferent to a farm murder? Ths judge should be dsbarred and then jaled for utterng such stupd remarks in a court of law. The law is an ass so they say and this judge has just proved that fact

  • dave.j.colquhoun - 2012-08-29 08:37

    Sorry, meant to say: So, murder on a farm is dfferent to a farm murder? Ths judge should be dsbarred and then jaled for utterng such stupd remarks in a court of law. The law is an ass so they say and this judge has just proved that fact

  • bob.small.7547 - 2012-08-29 08:42

    Right, I wasn't driving drunk, I was just drinking while driving...So reduce my fine!

  • - 2012-08-29 08:56

    Not a farm murder, but a murder on a farm....bloody idiot..... Pitty on killers where have you ever heard a load of bull like that ?

  • andrew.surtees1 - 2012-08-29 09:16

    this is rubbish, a judge is meant to look past feeling and make a decision based on the facts! send the judge to jail also! unless we face the crime in our country is gonna fall due to bad choices like this!

  • linds.ronhouse - 2012-08-29 09:42

    This is not unheard of. There are several women who received reduced sentences for murding their husbands, because they suffered many years of physical and sexual abuse at the hands of those cruel husbands. It's the same principle here. Don't allow race to influence the way you view this judgement. Remember the farmer who was fined R10,000 for murdering a black boy, mistaking him for a dog? Remember the farmer who got 5 years for killing a black man and throwing him into the lion den? He was release on parole after serving about 2 or 3 years. So don't be emotional about this.

  • Blixum - 2012-08-29 10:40

    Pity the farmer could not be there to put his side of the case to the judge....

  • firstseed.mbeva.9 - 2012-08-29 11:55

    "...not a farm murder but “a murder on a farm”.The same difference

      LanfearM - 2012-08-29 12:11

      Yup, reminds me of the distinction between lord of war and warlord that was made in the movie "Lord of War".

      linds.ronhouse - 2012-08-29 12:18

      There's a big difference. "farm murder" refers to a systematic killing of (white) farmers, while a "murder on a farm" refers to a normal murder that just happens to take place on a farm.

      ina.cripps.5 - 2012-08-29 12:21

      Normal murder? What have we become if one can speak of a normal murder!!!

      linds.ronhouse - 2012-08-29 14:39

      @Ramona, come on Ramona maybe I should have used 'regular' instead of 'normal.' But you also get premeditated murder, murder with aggregating circumstances, etc. So there are different types of murder. The word normal was not used in the context that murder is normal to society.

  • andy.rossell - 2012-08-29 12:39

    The law in South Africa the ANC have failed this country in every aspect.We are slideing into anarchy.

  • sureta.olivier - 2012-08-30 11:57

    Murder is murder. And it was 3 people against 1.

  • tobie.lombard.1 - 2012-08-31 22:16

    How in hell can a judge make a decision on reducing sentences ( or anything else for that matter ) on something that \APPARENTLY\ happened. Where is the physical evidence for these statements. . Same thing with the Eugene Terreblanche's case. . The murderer(s) SAID they were sexually humiliated and so forth, but yet no physical evidence can be given for the statements. . They just want your pity ( in my eyes they are murderers and they deserve none!! )

  • nelie.vanaardt - 2012-09-01 05:50

    Daar is mos die CCMA waar hulle hulle besware heen kan neem, hoekom moor? Hierdie Regter is lekker van die wa af.

  • roslyndavidrose - 2014-10-22 22:07

    And was abuse proven or were murderers versions just accepted? So if someone treats me badly, I may kill them? Okay, looking back over my life, I have a long hit list!

  • Narine van der Merwe - 2014-10-24 07:42

    Yes YES!!!! Let's get our weapons and start killing left, right and centre as not much will happen to us!!! You are a pathetic excuse for a judge Tuchten!!!!

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