Life sentences for killers of ANC ward chairperson over tenders
The court heard how the two, who were nabbed through a political task team, were linked through cellphone records. They pleaded not guilty to the charge.
Though Hadebe had no previous convictions Makhanya, a grade 4 primary school dropout, was previously convicted of an attempted murder charge. He was a taxi conductor based at a Port Shepstone rank at the time of the murder.
Balton said there were no compelling and exceptional circumstances which permitted her to deviate from the prescribed minimum life sentence.
She found the pair were ruthless and had no regard for a human life. She said Hadebe was Magwaza's close friend but wanted to get a tender at all costs.
Balton said the court could also not ignore submissions from the state on how a dying Magwaza had allegedly called out Hadebe to rescue him, not knowing he was the one behind his murder. He visited the Magwaza family to offer condolences.
'Magwaza's family trusted him, ' she said.
Balton said the victim impact statement of Amahle Masikane, Magwaza's niece, demonstrated how her uncle's death disrupted her studies and forced her get a job at a call centre.
She said the statement also portrayed the shock, grief and destruction the family endured after the murder.
'She [Masikane ] was shocked at seeing her uncle lying in a pool of blood.'
The sentencing was not without drama as Hadebe told his lawyer Manoj Hardeo he wanted the proceedings postponed as he wanted to retain a new lawyer.
Balton told Hadebe the matter was completed as he had been convicted.
She advised Hadebe he should for apply for leave to appeal after sentencing.
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