Killer gets reduced sentence over racial slur

2012-09-12 11:29

Johannesburg - A gardener who stabbed his 69-year-old employer to death in Bultfontein near Pretoria in 2009 has been given a reduced sentence because the victim called him a "kaffir" and refused to pay him, Beeld newspaper reported on Wednesday.

North Gauteng High Court Judge Cynthia Pretorius these were "reasonable and compelling circumstances" for Jacob Pantsi Mmekwa, 32, not getting a life sentence.

Mmekwa was instead sentenced to 15 years in jail by Pretorius.

Mmekwa, by his own admission, stabbed Sarel Koekemoer twice in the neck after he threatened him and said: "I'll kill you, kaffir", the paper reported.

According to Mmekwa, Koekemoer did not pay him his salary at the end of August 2009.

When Mmekwa confronted Koekemoer, the latter allegedly accused Mmekwa of stealing tools.

She said not only was the racial slur a grave insult that should be eradicated, but Mmekwa had been an awaiting trial prisoner for a long time.

Mmekwa's co-accused, Levy Mthombeni, was sentenced to five years in jail for the theft of Koekemoer's property.

Both men were found guilty of stealing Koekemoer's cellphone, gun and money.

  • - 2012-09-12 11:49

    Riiiigggghhhhttttt .... so its the word of a dead man against the word of a killer.... nice touch judge. lets give killers a reduced term just because of word. Words are oh so much more terrible in South africa than actually being killed. Nice. If thats the case then i should have killed at least 5 people already who called me "white scum" "boer pig" etc....My view : Both were (if it was said) wrong, but to kill doesnt make it right. Bloody justice system.

  • Hemlock - 2012-09-12 11:54

    It's only the word of this savage that he was called the K word as stated in this report. Unfortunately his employer cannot defend this statement as he was murdered....... Murder is murder and this scumbag should be exterminated!

  • pisciotta - 2012-09-12 11:57

    What if we used the term "non-believer", "heathen", "pagan" or any words listed as a translation of the K word? How far can we take this? SA - a country were you can get killed over a cell phone or get away with murder if the magic word is spoken.

      arthur.marks.754 - 2012-09-12 12:34

      They will even kill you for a effing cigarette bro.

      carl.lutzer.3 - 2012-09-12 13:55

      Gerald , aka bush doctor - very cocky for a skinnymaniks like you .....

  • jp.leroux.33 - 2012-09-12 12:09

    right, so if I ever kill anyone I'm gonna cry racism and get a lesser sentence! I just hope I get the same judge..................

  • stefan.kruger.1297 - 2012-09-12 12:12

    Racism Racism Racism... that's all I hear...

  • johnny.potatoes61 - 2012-09-12 12:12

    So it's now somewhat excusable for me to kill someone who insults me? Great!

      themba.thwala.98 - 2012-09-12 19:30

      Cooooooool ... Then you can go and share the cell with this criminal

  • catgirl1971 - 2012-09-12 12:18

    Charming! So murderers can now claim racial and/or sexual/ethnic slurs to justify their actions? If, for example, a man called me a fat white bitch does that give me the right to kill him because he has insulted me? Methinks not! SA 'justice' is a joke!

  • ben.louw.5 - 2012-09-12 12:19

    Insane... The employer's actions was wrong, but there is ways of going about sorting the situation out. Killing him? So now this court just gave the ok to steak and kill left and right then just say there was racial slurs involved and non payment.

  • lisa.staden - 2012-09-12 12:20

    Oh for Pete's sake . . . what next . . . !!! The fact is that he took another life!!! For what ... A Cell phone. Whats the next excuse for murder . . . ummmm oh he looked at me funny!

  • sarita.devilliers.5 - 2012-09-12 12:24

    I would like to know who was witness to that apart from these criminals.So we can justify our mistakes!So I raped coz shhe was wearing shorts,I killed my husband coz he called me a bbitch etc.This is a laughing joke.Where is this judge coming from and has he or she really got a law degree.

  • jennifer.grobbler - 2012-09-12 12:44

    to not give? or not to give. That is the question. Brain Storm by Richard Dooling. Why does

  • rudi.scott.92 - 2012-09-12 12:45

    Absolute shocking! Yes its not a nice way he was treated, but you can just pick up your stuff and leave, go work for someone else. Murder is murder, this is going to cause huge chaos! Now every person killing someone will say its racial and boom, sentence reduced!!!

  • Harold Chisimba - 2012-09-12 12:45

    2 me the murder cant be justified.But court's judgement is final.

  • noeln.petzer - 2012-09-12 12:45

    How do we know he said those things? Do we take the word of the murderer? So if someone murders you, can they go and tell the court you called them names so you deserved to die? Even if you didn't? Sounds like another case of justice denied.

      themba.thwala.98 - 2012-09-12 19:28

      The prosecutor is a lawyer for the deceased. The judge is also a lawyer. The prosecutor presents the case and supporting evidence, and the accused's lawyer puts the best defence he can for his client. The judge evaluates both sides of the story, and uses her vast knowledge of the law to come a decision. In short you don't have to know sh***t because your opinion or how you feel about the case does not matter.

  • linda.allison.77964 - 2012-09-12 12:46

    Murder is murder...bring back death penalty

  • kevin.levey.1 - 2012-09-12 12:53

    And that is why we live in the crime capital of the world. Number 1. We are the champions!

      becky.jamieson1 - 2012-09-14 10:41

      Actually, we are not the crime capital. You should do a little research behind who is number one. It will surprise you.

  • Johan - 2012-09-12 12:54

    An I ask again. Was there any proof that the whitey called this mad dog killer a K? Or was it just his words. I have seen this excuse getting used to many times now.

      themba.thwala.98 - 2012-09-12 16:42

      Did anyone on news24 say they were in court? I don't think so. Therefore, stop posing stupid questions and go ask for a copy of the judgment from the court. Better yet, give the judge a call

  • olivia.debruyn - 2012-09-12 13:17

    Really? Kill the boer kill the farmer should then get multiple life sentences what about that. Idiot judge.

  • freddy.vandermerwe.7 - 2012-09-12 13:17

    If'e stopped employing blacks since the last bunch stole my wedding ring a2 leads tools ,i do everything myself now ,and if im to busy i leave it .WPWW

  • jennifer.grobbler - 2012-09-12 13:19

    Arnoldbosman Read my comment correctly. I am saying: Murder is not justified, yet here we have a justification on sentencing by the court. I am asking the idiot who started this, what are the lines? I.e if you use a racial slur, you get off. So where is the line drawn? What is a racial slut? If someone calls me a 'whitey', am I then entitled to kill him? Or just rob him? Nope. It seems I will get a sentence for murder, but reduced because I was provoked. We all get provoked. Life's a bitch. But we don't go around killed elderly people. I've been ripped off so many times. I don't kill in response! Dr Gedaliah Braun

      Arnoldbosman - 2012-09-12 13:45

      Hi Jennifer - my comment was directed at Tyrone.Boreham post above your comment. I agree 100% with you

  • warren.mark.92 - 2012-09-12 13:19

    So if I kill someone my grounds of justification will b a racist comment was passed towards me ,that judge is smokin wunga really

      themba.thwala.98 - 2012-09-12 15:58

      That's how the law works. Read up a bit, and you will come across the word `provocation,` which is a mitigating factor. Had the man just stabbed and killed the old man, the judge would have been under an obligation to impose the prescribe sentence. It's amazed at how people who are supposed to be all~knowing turn out to be so ignorant

  • jomar.delange - 2012-09-12 13:39

    The judgement can only be valid if there were witnesses to the slur. Otherwise anyone can claim that their victim insulted them.

  • johnvkaraoke - 2012-09-12 15:52

    and i suppose it was this animals word against a dead mans word sounds fair doesn't it

      themba.thwala.98 - 2012-09-12 17:44

      Does the sun rise from the east

  • Tebogo Sbibo Kgopa - 2012-09-12 16:43

    @merven...cos only a black mind knows how it feels like to be called the k word,i dont condone the killing of another human being(DONT agree with wat he did),but if wat the white man did was true,ill hav thots of doing something bad to him,the difference is acting on those thots,hence the(i UNDERSTAND)

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