SUPPLIED
Mlindeli Ngcobo was shot dead by policewoman Hlengiwe Mkhize last July. Picture:SUPPLIED
Durban – The crowd that packed the Pietermaritzburg High Court court on Thursday cheered when the judge denied a policewoman she had sentenced to an effective 10 years in jail leave to appeal against her murder conviction.
A sombre Hlengiwe Mkhize, 31, was expecting the application to be granted, and had her hopes pinned on applying for bail until the appeal.
Instead, with her head bowed, she was escorted to the court cells below.
Mkhize had been found guilty of murdering Mlindeli Ngcobo and attempting to murder Thabisile Phetha, Samokelisiwe, Mhlengi Ngcobo and Sandile Madondo during a road-rage incident in Bulwer last July.
Mlindeli Ngcobo had rear-ended her car and, after the drivers had discussed the accident, Mkhize said she heard a bang and thought she was being hijacked. It was then she fired the fatal shots.
Mlindeli Ngcobo’s father, Abel, said after sentencing that he respected the court’s decision. However, he said the family had hoped for a heavier sentence.
A sombre Hlengiwe Mkhize, 31, was expecting the application to be granted, and had her hopes pinned on applying for bail until the appeal. Picture: Shan Pillay
INLSA
“She will come out of prison and see her children, but I can never see my son again.”
A number of members of Mkhize’s church were in court to support her, but declined to comment.
Independent Police Investigative Directorate spokesman Moses Dlamini welcomed the sentence.
“It sends a message to police officers that they will be held accountable by the criminal justice system if they misuse their firearms and authority.”
Acting Judge Thembisa Maphumulo took into consideration that motorists needed to be safe on the road and not killed.
“In view of the position she had, she had to ensure the safety and security of people, including the victims in this matter.” The firearm she used was meant to be used lawfully, she said.
Judge Maphumulo said that, aside from a life being lost, the other people in the car had been injured.
When Madondo testified, he was emotional and the incident was still fresh in his mind, said the judge.
Judge Maphumulo found that Mkhize had not shown remorse. She had not taken the court into her confidence and revealed why she had fired the shots.
Soon after the shooting, Mkhize went to the police station and opened a case of attempted hijacking to “cover up and justify” the shooting, instead of accepting responsibility.
When she fired, she knew that there were people seated inside the car, and that anything could have happened to them.
The judge took into account that Mkhize had been employed and had two children. Her family had to be uprooted after the incident, as she had to relocate and work at a police station in Wartburg. Her 14-year-old daughter was being taken care of by her paternal family, while her 11-month-old baby was with an aunt.
The murder had not attracted the life sentence, as it was not premeditated, the judge said.
Mkhize was sentenced to 15 years for the murder, five of which were suspended for five years. For the attempted murders, she was sentenced to five years, which ran concurrently with the murder sentence.
sharika.regchand@inl.co.za
The Mercury
