Brothers sentenced to life for murder over alleged theft of door frame

Eleven years after two Mpumalanga siblings killed a man they accused of stealing they have been sentenced. 

Skhumbuzo Solly Mabena, 29, and Nkululeko Hendrick Mabena, 30, were sentenced in the eMalahleni Regional Court for the murder of Michael Mofokeng. 

The siblings accused Mofokeng of breaking into their uncle’s house and stealing a sliding door frame.

The National Prosecuting Authority (NPA) said the tragic incident took place on November 13, 2014, in the Hlalanikahle area in Emalahleni. 

At the time, the accused were still learners. 

Explaining the merits of the case, NPA spokesperson in Mpumalanga, Monica Nyuswa, said the duo kidnapped Mofokeng.

"They confined the victim in a cage at their home before leaving to attend their exams.

"Upon returning, they transported Mofokeng to a sports ground, accompanied by members of the community, where they began assaulting him."

The NPA said the court heard that Mofokeng was interrogated about the person he was with when committing the alleged theft.

"Mofokeng insisted he acted alone, but a community member suggested that Mofokeng was with Sipho Nkosi.

One of the Mabena siblings, along with others, went in search of Nkosi, aged 24, bringing him back to the scene.

"The assault on both Mofokeng and Nkosi continued, with Nkosi succumbing to his injuries. Mofokeng survived to testify."

The NPA said the siblings entered into a plea of not guilty. 

They claimed that the community members were responsible for the assaults on Mofokeng and Nkosi. 

The NPA said Regional Court Prosecutor Ellen Mafata presented compelling evidence from the surviving victim, who identified the role of each accused in the crime.

The pair were convicted of murder, attempted murder, and kidnapping charges.

"Prosecutor Mafata further argued that the accused had taken the law into their own hands instead of reporting the break-in to the authorities."

In sentencing, Magistrate Combrinck condemned the brutal way the deceased was killed.

He found no substantial or compelling reasons to deviate from the prescribed sentence, sentencing the pair to life imprisonment each for murder, eight years each for attempted murder, and an additional two years each for kidnapping. 

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