Judgment could affect 'Jub Jub' case

2011-06-08 19:40

Johannesburg - A judgment handed down in the Eastern Cape High Court could affect a similar case involving musician Molemo "Jub Jub" Maarohanye and his friend Themba Tshabalala, the SABC reported on Wednesday.

The court found a motorist who killed three children in an accident last year, guilty of murder. 

The province's director of public prosecutions, Lungi Mahlati, told the broadcaster the facts in the case were almost the same as those in the case of Maarohanye and Tshabalala.

Maarohanye and Tshabalala face charges of murder, attempted murder and driving under the influence of drugs and alcohol.

They were allegedly drag-racing when one of their Mini Coopers ploughed into a group of school children in Mdlalose Street, in Protea North, on March 8 last year.

Four children died and two others suffered severe injuries, including brain damage.

  • Pencilgraffiti - 2011-06-08 20:07

    I would like to see a harsher sentence as he is suppose to be a role model AND, more importantly, his continued attempts do delay justice. Celebs and politicians who delay the law but are found guilty should be given the maximum.

      USSA - 2011-06-08 20:50

      It is mind boggling how open and shut most cases against "new" public figure South Africans are. Yet the case takes away $hit-loads of tax-payers patience and money..with the verdict known from hour one.

      USSA - 2011-06-08 22:32

      @Francois I agree with you. However, I think if they get the applicable sentences for 4 murders, maiming, driving under the influence of major drugs, speeding on a residential road and delaying justice...that would suffice. It should give them each I recon about 50-60 years no parole, but alas I don't think they will get all of it.

      Veloci Raptor - 2011-06-09 12:30

      @ Francois It's "Stare Decisis", and it means literally, use a previous decision, and not the garbage you posted.

  • Judith - 2011-06-08 20:07

    Good - the case has gone on far to long and these young men were seen committing the act

  • Warren - 2011-06-08 20:29

    Even if he is found guilty, Jub Jub will eventually be given a presidential pardon by his buddy, Baas Joooolius!

  • USSA - 2011-06-08 20:43

    Yes...good, but was the man some local music dude? This case will be a test for the judicial system in SA. The ANC and government have successfully failed all their other tests (all ten thousand of them).

      onetickie - 2011-06-08 23:09

      Yes USSA, its not what you do, SA is all about who you are and who your connections are.

      sonny.brilliant - 2011-06-08 23:13

      what's up with the USA flag, Commenting on South African issues...? - 2011-06-09 07:39

      Mabe USSA is a South African that's in USA... Commenting on the reason why he is that side... Read the news... See who governs this country... And you might understand...

      Mishka - 2011-06-09 07:56

      Surely Sonny, he can comment even if not a South African. I am not South African, but I live here, I pay taxes, I earn here, I employ staff here. Should I not comment either?

  • onetickie - 2011-06-08 23:05

    Half a story. What happened to the first case then? He still out their street-racing? If justice does not prevail, then one could not blame the family & friends for "street justice". If a child of mine was killed my some drunken, druken-drug-enduced reckless driver I'd sure as hell take justice into my own hands if the law did not do so.

  • onetickie - 2011-06-08 23:09

    Half a story. What happened to the first case then? He still out their street-racing? If justice does not prevail, then one could not blame the family & friends for "street justice". If a child of mine was killed my some drunken, druken-drug-enduced reckless driver I'd sure as hell take justice into my own hands if the law did not do so.

  • - 2011-06-09 00:47

    It should not because it is not binding on the Jub-Jub case. The magistrate could easily find culpable homicide rather than murder. There is sure to be an appeal and then we will see what the really learned people have to say about this matter.

  • George - 2011-06-09 08:32

    This is pure sensationalisation by the court judges due to public pressue. Murder is defined as an intentional premididated planned act to kill someone for a specific motive. People who die in car accidents are not murdered because while the drivers could be negligent, they never planned to go out and kill people with a motive. The constitutional court will reverse this sensationalisation. I sypathise with the people who lost their loved ones but to equate negligence to murder is wrong.

      erazor - 2011-06-09 10:11

      No George. If you are aware that your reckless act might possibly lead to the death of another and you continue with it regardless, then the law regards that as criminal intent, not mere negligence, hence the murder charges in both the cases under discussion.

      george - 2011-06-09 10:38

      Erazor, then one can also charge liquor sellers, Macdonalds etc with murder due to sicknesses resulting in death which liquour and fatty foods cause. A negligent driver has no motive to kill anyone as much as the seller of fatty foodstuffs never intended to intentionally cause strokes and heart diseases resulting in death. This is pure sensationalisation. Murder must have a motive, such as self enrichment etc.

      Chilliginger - 2011-06-09 10:44

      Correct erazor! Remember that taxi driver that drove over the school child on a motorcycle the M1 North? He was found guilty of murder because his actions AND his behaviour were so negligent, reckless and hazardous, it was actually intentional because they led to the death of a person. Intention in this case does not only mean waking up in the morning and plan to kill someone on the road.

      My5cents - 2011-06-09 11:11

      @George I don't know why you are coming out in their defence. People have a choice as to whether they want to buy fatty foods etc. Those kids on the side of the road did not stand a chance. If I were to pop some drugs, leap into my car and go screaming around the streets, some part of my brain would tell me I could kill someone with my actions. JJub and friend chose to ignore commonsense and continue with their race. Therefore not an accident but an intentional act i.e. murder.

      erazor - 2011-06-09 13:25

      No George. Motive is not a requirement for proving any crime. Motive is only important as evidence to establish intention. Instead of just harping on about what you think should be, why don't you go and do some research and find out the FACTS. The whole of the mighty internet is at your fingertips.

      erazor - 2011-06-09 13:28

      And while you're doing your research George, look up the term CAUSAL LINK with regard to your nonsensiscal argument about booze and fast food sellers.

      moiraine - 2011-06-21 18:35

      Remember he wasnt just driving down the road at a normal pace, obeying the rules of the road while some children walked in front of him. He was drag racing and if I remember correctly either drunk or high. The difference between a negligent driver and McDonalds is that McDonalds dont go out to your house/workplace and force you to eat the food. Negligent drivers unfortunately come to us and force us to be on the same road as them whether we like it or not.

  • joe joe - 2011-06-09 09:55

    Hopefully it wont be like Mandoza who got away with it... twice ... celebs think they are above the law for being famous which is understandable because they alway get preferential treatment to normal citizens ... whether they were under the influence or not it should not matter.. the fact is they killed four innocent children and they need to face the consequences... the families should protest that this case is dragging and should of been finalised already.

  • crocodile - 2011-06-09 09:57

    stand by previous judgement principle should apply

  • Hane - 2011-06-09 10:10

    They KILLED 3 KIDS!!while driving under the influence. They should pass go and go straight to jail. I don't know why there is even a trail. It was caught on tape. I feel for the parents of the kids. It is not enough that they had to loose their children now they have to fight a snot nose good for nothing trash boys.

  • Robbie - 2011-06-09 10:41

    This was murder, they knew what they were doing could cause death and injury.

  • Tman - 2011-06-09 11:11

    Jub-Jub killed school kids who had a future ahead of them and he knows it but still want to say he's not guilty...well i would really like to see him going to jail for life or else if he gets of free note that a lot if powerful people will still get away with murders he's guilty and he deserves to go to jail..

  • dotty_01 - 2011-06-09 13:32

    Jub Jub must go down for murder. flipping smug, bling-obsessed arrogant black man. these fools who suddenly get money, fame, freedom and fast cars are the scum of the earth.

  • Ann - 2011-06-09 15:43

    Maybe, just maybe justice will prevail. We live in hope. It is shocking that the parents of these children are being denied justice. He shows no remorse or any respect for the families, their loved ones or the law. All Jub Jub is interested in is making sure he look good in the latest, up-to-datest fashion.I trust that prison garb will also do the trick.

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