Outcry over 'insulting' Jub Jub sentence

2012-12-05 22:19

Johannesburg - Relatives of the schoolchildren Molemo "Jub Jub" Maarohanye killed and injured in his car accident were upset when the musician was sentenced to 25 years imprisonment on Wednesday.

"Twenty-five years is not enough," the aunt of one of the boys exclaimed outside Protea Magistrate's Court, Soweto.

"How do you give 25 years for the life of four children? How? It is not enough. Other people get 15 years for killing one child."

Maarohanye and Themba Tshabalala were each sentenced to 20 years imprisonment for murder and four years imprisonment for attempted murder.

For use of drugs, driving under the influence of drugs and racing on a public road, they got a year for each count, to run concurrently.

"You did not premeditate the accident, it happened... The court cannot impose the life sentence," Magistrate Brian Nemavhidi said.

"All is not lost, the two of you are still young and you do not have any previous convictions."

They were drag-racing in Protea North on 8 March 2010, when they crashed into a group of schoolboys. Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola were killed.

Frank Mlambo and Fumani Mushwana were left permanently brain damaged.

One of the boy's mothers cried and rocked herself back-and-forth as she listened to the sentencing in the public gallery.

Maarohanye and Tshabalala stood in the dock, heads bowed. Maarohanye turned around once to look at his family. His father was present earlier in the day.

After court proceedings State prosecutor Raymond Mathenjwa explained the sentencing to the outraged families.

"Twenty-five years is nothing," Lydia Matsimbia, another relative of one of the victims said.

"He [Maarohanye] must apologise right now. We can't accept that apology. He was supposed to make it earlier."

Maarohanye had indicated earlier he wanted to apologise to the families and said he was never given the opportunity to do so.

Nemavhidi questioned why it took Maarohanye so long to apologise and questioned his motive for offering to pay for tombstones.

"This is an insult to the victims. Seems like you want to use the power of the press to avoid punishment."

He added that drag-racing and drug use should be eradicated in society.

Nemavhidi said sentencing should not to show a "tit-for-tat attitude". The punishment should fit the criminal and the crime while being fair to society.

Deadly mix

National Prosecuting Authority spokesperson Phindi Louw said justice had been served.

"It's unfortunate that you will never satisfy everyone... We believe that we have done our best. We plead with society to understand the decision by the justice system. Our aim is not to destroy people's lives... I believe a strong message was sent today."

The sentencing should serve as a lesson to other motorists, the Justice Project SA said.

"South Africa has an endemic problem with understanding that intoxicating substances and motor vehicles are a deadly mix... the time has come that people view doing so with disgust and condemnation," JPSA chairperson Howard Dembovsky said.

"We advise motorists that the only safe policy when driving is to refrain completely from using intoxicating substances, including alcohol and drugs and to abide by all traffic laws," he said.

Fumani Mushwana's father Joe thanked the justice system and said the families should be given time to process what had happened.

Nemavhidi cancelled Maarohanye's and Tshabalala's driver's licences. They were also not allowed to carry a firearm.

The two were found guilty on 16 October of four counts of murder and two of attempted murder, of using drugs, of racing on a public road, and of driving under the influence of drugs.

They intended bringing an application to appeal their sentences on 7 February, in the South Gauteng High Court in Johannesburg.

On 12 April a ruling would be made.

  • jo.vankatwijk - 2012-12-05 22:32

    They should have been jailed immediately.

      frank.kistler.31 - 2012-12-06 06:49

      Now they can remix Elvis's jail house rock inside....enjoy your stay there :)

  • grant.montgomery.5074 - 2012-12-05 22:32

    How long before these criminals are granted a medical parole and are getting golf instructions from Shaik?

      dragonfire47 - 2012-12-06 06:11

      and once again out come the race card, shame, poor insecure sod

      EyCore - 2012-12-06 10:40

      LOL so true.

      graham.dutoit.12 - 2012-12-06 12:38

      Melusi - take a disprin and dissolve. It's single digit IQ racist idiots like you that spoil this beautiful country for the rest of us!

  • PrettyUsefulArt - 2012-12-05 22:32

    I absolutely agree that the sentence was insulting. At least they should've got 25 years per life that was lost plus and extra 25 for each of the other two children who were brain damaged. Grrr, this makes me so darned mad. And then they have the nerve to appeal? Don't get me started!!!

      juicecard.tshaka - 2012-12-05 23:08

      Guys we must take an accident for what it is;an accident. I think Jub Jub did himself a disfavour by trying to be arrogant and not showing remorse. My point is most accidents are treated as culpable homicide and not murder,which carries a laser sentence . So why an exception here?

      toxicater - 2012-12-05 23:42

      @ tshaka under the influence its murder. And in addition he's lucky by getting a 25 year. Our system is weak

      arie.vdplaats.3 - 2012-12-06 01:23

      Am I mistaken that you have studied law to a very degree? from your comments it is clear that you have not the foggiest idea about how the law functions!!

      stirer.kathray - 2012-12-06 06:09

      I can't understand how the law can lay a charge of murder for a road accident. A road accident resulting in death is culpable homicide, not murder. The drag racing, reckless driving and drug taking are aggravating circumstances and can be argued in aggravation of sentence. The sentences can be extended so that they do not run concurrently. He did not set out to kill someone, he foolishly set out to show off and race. The law, in this case, is a fool, even if the length of sentence is appropriate.

      edward.d.beesley - 2012-12-06 06:46

      @ Arie - that's the whole problem with the law today: The law now determines the nature of the crime, instead of the crime determining the nature of the law, i.e retribution - it's become a game, a farce.

      Jane - 2012-12-06 09:02

      I think the sentence is fitting, emotions aside, it really was an accident, I am sure those two idiots didn't set out to go and kill children on that day. Yes their actions leading up to the accident was entirely their own fault, drinking, taking drugs and racing, but how many of us on this forum can honestly say we never got behind the wheel after one or two drinks, we have never sped or drove slightly recklessly? We just lucky we have never been in this situation. That said, I really do feel grief for those children who died and their parents who are left behind. And yes while many people feel that 25 years is too little, one must understand it was an accident not premeditated murder.

      mbossenger - 2012-12-06 10:44

      @juicecard - take a look at this link as to why the charge was not culpible homicide -

      bongani.mthembu.7 - 2012-12-06 12:29

      What do you want guys, there can never be justice for this, the families need to find comfort in God, accept what happened and move on, they can still be out in 5 years, and if that happens I expect everyone to be happy cos you got justice, 20 years is a very long time. If they can appeal, so be it, it is their right to do so.

      riaan.vorster.16 - 2012-12-06 14:36

      @stirer.kathray. :The principle of "dolus eventualis" makes this murder and not culpable homicide. They INTENDED to drag whilst under the influence and MUST have known that they could kill innocents, but they made peace with this very strong possibility,ie murder. However I agree with you that the punishment fits the crime, far more barbaric murderers have gotten away with lighter sentences. 25 years is a veeery long time, I just hope the do at LEAST 15.

  • mpho.pink1 - 2012-12-05 22:48

    Why do these guys still want to fight for their freedom, if they wana show their respect and remorse then they should just accept the sentences. It must be hard having to face a life in prison but they committed a crime punishable by law and that calls for a prison sentence.

  • philip.mostert.14 - 2012-12-05 22:55

    In our crowded prisons 25 years is a long time. Question that comes to my mind is how many will he have to actually serve? Its a tragedy for all people involved, don't get behind the wheel when toxicated

      riaan.vorster.16 - 2012-12-06 14:44

      Correct 25 or 250 years is irrelevant, what they serve is what counts, I hope at least 15.

  • zama.seyisi.5 - 2012-12-05 22:55

    i feel very sorry 4 both parties,the law takes its course

  • thokozani.mnyandu - 2012-12-05 22:58

    I think 25 years is enough for jub jub considering the fact that it was the accident however the fact that he didn't obey the law is also considered. It is very sad for the families who have lost their love ones but at the moment I don't think giving him 50 yrs in prison will pay back any life.

      adrianndlovun - 2012-12-06 06:01

      Mfethu mina mina ngithi veke bekungamele ukuthi labasolwa baze nikezwe isigwebo esikhulu kangaka.

  • louisa.oosthuizen.9 - 2012-12-05 23:13

    God Is They Judge+ We know the hurt of the families of the children they lost. All our prayers are with the families Jub Jub & Friend+ Now you have the oppertunity to Stand Out Fof Jesus+

      nick.tarr.39 - 2012-12-06 07:06

      God works in mysterious ways janine!! Its all part of his plan! He is a loving god... lol....

  • bryan.culross - 2012-12-05 23:25

    As Jesus said whichever one of you has not sinned, can throw the first stone. We have all sinned and quite a number of us have driven under the influence (maybe after only 3 glasses of wine, but nevertheless above the alchohol limit). We have also exceeded speed limits (many of us, over and over again). Whilst I accept that Juju's intoxication was extreme and his driving unacceptable, these actions are in some ways no different to the sins that most of us commit each day.

      toxicater - 2012-12-05 23:38

      Well this is no time to play holy crap man.. People died in this one!! And that is punishable by law finish!

      george.gervais.7 - 2012-12-06 00:08

      I have never been drag racing while drugged up like a moron and in the process murdered 4 kids and destroyed the future of a further two... Pass me the stone, I will HAPPILY throw it, and my aim is good. These arrogant murderers should have been executed without thought. What a disgusting tolerant society we have become. You CANT give back these children to their families, you CAN remove the trash that ended their lives off the streets thereby ensuring they wont kill again. And all you accident trolls out there, what utter rubbish, they KNEW drugs were illegal, they KNEW driving after using them was illegal and they KNEW racing/speeding was illegal... That's 3 counts of premeditation right there. They can be lucky I was not handing out sentences...

      nick.tarr.39 - 2012-12-06 07:08

      Cant say ive ever ended 4 young lives and permanently ruined 2. Why are people trying to justify these actions. Kids were killed because of these idiots actions (knowing full well the possible consequences). No Sympathy.

  • natasha.martin.777701 - 2012-12-06 00:21

    If I'm not mistaken, he left Survivor because he thought his meneertjie will fall ironic?

  • comfort.mduduzi.39 - 2012-12-06 00:23

    let the man learn from his mistakes

  • arthur.christie.3 - 2012-12-06 00:54

    he should have got the rope, not 25 years

      cynthia.smith.71619533 - 2012-12-06 12:17

      I totally agree but as long as there is no death penalty we will have to pay to keep these SOBs in prison. I actually don't care whethere it was an accident or not. Their hands were driving the cars so they are directly responsible. They knew that there would be consequences with mixing drugs and alcohol. I hope all the good dads in prison that long for their children will sort these two out.

  • anele.mveku - 2012-12-06 02:02

    He is Appealing I see... That says I think the Magistrate was unjust in sentencing me to 20years does that show remorse? Nd yet @ the smetime he is human he cnt just accept 20years imprisonment.

      nick.tarr.39 - 2012-12-06 07:10

      I hope they increase his sentence for his arrogance. Make it 30 years after his appeal.

  • Mazan Mnguni - 2012-12-06 02:12

    news24 not posting my comment, why?

  • dariusedwin - 2012-12-06 04:13

    This guy thinks as a celebrity he should have a celebrity sentence. No son, the law s equal to us all. If only you were not so proud and humbled yoself immediately, we could be speaking of a lesser judgement. Now this is even a lenient judgement and you should be grateful. Using the media power and money to find compassion won't help. Infact you realy making us sick, show remorse kiddo, please do.

  • mark.theunissen1 - 2012-12-06 04:48

    Wasnt Malema there to visit them?

  • brionyl.french - 2012-12-06 04:48

    This judge needs to looked at because 4 lives is not valued at 20 years

      muzi.morgan - 2012-12-06 06:22

      I agree , u know that to kill a human is like to kill a fly in today's world comparing to a public figure person . Jub Jub life in prisonment was the only option for him period .

  • karen.seeger.564 - 2012-12-06 05:38

    A little disappointed by the magistrate saying: All is not lost... FOUR lives lost, Sir, and two children have a life sentence of being confined to institutions because of brain damage sustained. And because our prisons are full, these two will be out in 6 years. There is no justice.

      cynthia.smith.71619533 - 2012-12-06 15:07

      Maybe sooner Karen, if they develope that incurable disease called "Shabir Desease"

  • motleleng - 2012-12-06 05:51

    Zola Tongo and Mziwamadoda Qwabe are serving 18 years and 25 years respectively for their roles in the crime, under a plea and sentencing agreement but this two idiots get 25 for killing four kids, our justice system sucks ...

  • MADZELA - 2012-12-06 06:03

    Wht an insult 2 dose families 4 killng a Rhino ppl gt 50 years bt our justice system its a mess Ahoi

  • shaun.miekle - 2012-12-06 06:28

    25 years of "bending for a friend" is good enough

  • Goboza Mashaba - 2012-12-06 06:29

    This is very fair and fit the crime. Even if they were given 20yrs 4 each child, it wud've run concurently as it happened same time. The other fact is that it not a premeditated murder and shud've been a culpuble homocide. The good thing is it will set an example cause even 2days in prison is just as bad.

  • maselela - 2012-12-06 06:34

    they are damn right it's not fair yah... Appeals should be made and further actions taken against whoever took out the sentence.

  • mishack.khan - 2012-12-06 07:19

    From the start this so called jub jub never showed any respect to the famalies of those he wronged,hence acted like he owns the justice dep.No justice was served since he wil be out next week,believe it or not.

  • thabo.letlhoo - 2012-12-06 07:24

    What were they expecting, a death sentence?

  • rob.bayliss.94 - 2012-12-06 07:31

    Accident? Mistake? The actions taken by Jub Jub (and others) were wilfuleven if not premeditated. A definition of a mistake is "An error or fault resulting from defective judgment, deficient knowledge, or carelessnes". By this definition the accountability is clear. A definition of accident is "an unfortunate event resulting from carelessness, unawareness, ignorance, or a combination of causes". Also by this definition accountability is clear. Labelling something as an accident or mistake does not remove accountability. Jub Jub's action were not provoked by his gods, they were wilful; so why should he not be punished?

  • israel.maseko.5 - 2012-12-06 07:41

    But he Jub-Jub offered to give the families money after the incident and the parents insisted on justice to prevail, what do they want now?

  • cindy.naude.79 - 2012-12-06 07:44

    This is good news! I think 25 years is more than enough, the chances that they'll survive that long in prison is really slim!

  • madibane - 2012-12-06 08:08

    25 years is not enough for taking FOUR LIVES! and leaving TWO PERMANENTLX brain damaged!? haikhona!!

  • JAbu.R15 - 2012-12-06 08:12

    This is so sad. i think a bit harsh nje. 25 years? accident? okay the guys used drugs but 25 years, and also if the families want more what will the get if jubjub get million years?

      mbossenger - 2012-12-06 12:02

      "Dolus eventualis (indirect intention) exists when the possibility of a particular consequence or circumstance is foreseen, but there is a reckless disregard as to whether it ensues or not. For example, if A drives on the wrong side of the road in a busy street knowing that he might collide with other traffic, but not caring whether he does or not"

  • kvzanten - 2012-12-06 08:19

    25 years is a quarter of a century.200 years ago this was the average life expectancy for a human being. I think justice was served.

  • customdesign - 2012-12-06 08:28

    I think the sentence was too harsh seeing as it was not premeditated murder, although they will probably get out after 15 years. They are not malicious or a danger to society and I am sure their lives are already ruined by what has happened. I hope people don't do stupid things like drinking and driving that ruin the rest of their lives and others. This could happen to any one of us.

  • michelle.marshall.3158652 - 2012-12-06 08:28

    Guys you cant spill milk twice - 25 yrs is good and i think his conscience will torture him more than any amount of time behind bars. he is gonna have all the time in the world to wallow in his guilt!

  • sanet.janssen - 2012-12-06 09:02

    Justice has been served. I sit here with the biggest smile on my face knowing they will rot in jail. For those of you that feel SORRY for them, rather feel sorry for the parents who only have tombstones to visit as a result of their RECKLESS behaviour!

  • deon.vantonder.77 - 2012-12-06 10:04

    I just wonder what the sentence would have been was it Winnie or Zuma driving the cars, or any other high flying politician.

      eric.f.moloi - 2012-12-06 11:05

      Deon vantonder y qouting Winnie n Zuma not Zille?

  • marjorie.mahlangu - 2012-12-06 10:08

    They have already got their sentences because their guilt is haunting them , they have made mistake , it's not like they wake up planning to kill the kids, the devil is tarnishing our kids life, May their soul rest in peace & God forgive them so that they can repend from their sin.

  • mmoledis - 2012-12-06 10:26

    I think our South African law has shown there clearly that it has no eyes and can sentence and judge fairly all cases irespective of who is in the dock,well done. To Jub Jub, it is not a train smash just a take it like a man it will be finished soon, and I think that sentence will be a lesson too to all those who uses our national road as a play ground. And to the families of those children lost, please be patient as law has taken their course and a person found guilty, the was no way a court can be too harsh even though it was harsh on that sentence because the act that Jub Jub did was not an intentional act of taking lifes of incocent people, it just happened while he was playing on the road of which it was wrong as that was not a place to use cars to play on. I hope the families can give him a chance to get his sentence reduced and so that as he said he can open a trust account which will at the end help families of those children and those who survived but now have permanent brain damages and that have made their lifes to change as they will be no longer be able to can stand up,go to school and get work to can at the end have their own families,as their dreams have been shattered by that.

  • francina.makete.7 - 2012-12-06 10:56

    Very sad for both Jub Jub and the families.

  • keaobaka.mokae - 2012-12-06 11:33

    All is not lost. He is appealing and there is a very real prospect that the sentence may be upwardly adjusted on appeal. My worry is just the "it was not premeditated twaddle". I think the criminal procedure act must be amended to permit imposition of maximum life sentences in cases like this. I mean its an anomaly to be convicted on four counts of murder and just be sentenced to 25years on all for counts. Society demands a harsher sentence!

  • irma.white.9 - 2012-12-06 12:05

    Well I guess the courts have shown that the life of MURDERERS are more important than the lives of those they took. Well done South African justice system, protecting the criminals from what they deserve YET AGAIN.

  • andrew.gibbs.1420 - 2012-12-06 13:01

    25 years is a long time for cupable homicide.

      richard.zanner - 2012-12-06 13:04

      Not culpable homicide. 4 counts of murder and two for attempted murder.

  • richard.zanner - 2012-12-06 13:04

    I feel justice was served.

  • chez.kri - 2012-12-06 13:28

    "All is not lost; you are young" WTF!! Its almost like the judge was apologising to them. He should not have had a kind word to say. All we can hope for is that in the appeal, the new judge is a bit more "wake-up" and actually increases the sentence. This makes me SO mad.

  • SirFGrumpy - 2012-12-06 13:44

    Let them appeal and hopefully the same thing will as with that scum bag Sheryl Cele when the sentence was increased by 10 years. These skabengas should have been given life without the chance of parole!

  • lucia.n.mchunu - 2012-12-06 14:42

    Hey we all make choices and as adults most of those choices are informed. U play with fire u get burnt. What has happened to dear Jub-Jub is happening because he made a choice to ignore a law now are we to feel sorry for him for the law taking its course.

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