Phindile Case Update

The case proceeded on the 19th of April 2016 with sentencing submissions at Palm Ridge Magistrate Court in Alberton.

During the proceedings in court the Defence Attorney emphasized that the accused is taking responsibility because he states that he could have acted differently on the day of the incident, therefore killed the deceased unintentionally. It is the defence submission that the court should deviate from the minimum sentence of 15 years imprisonment when sentencing the accused because at the time of the commission of the said offence the accused was 50 years of age, he therefore recommends 5 years imprisonment.

On the other hand the Prosecution states that the accused denied any responsibility, now that the state proved its case beyond reasonable doubt he admits that he was negligent. One would agree with the prosecution that he is not showing any remorse because he could have pleaded guilty from the onset. The prosecution recommends a harsher sentence against the accused, imposing a lenient sentence will be unjust.

POWA is praying for a harsher sentence against the accused because his actions were not the actions of the responsible father. The interests of the community should be taken into consideration and the circumstances of it having happened in a domestic setup. A harsher sentence will set a good precedence for future offenders and will also deter future perpetrators of the similar offence.

POWA is calling for strong action when dealing with perpetrators of Violence against Women & Children.
For more information and assistance through counselling and legal advice on violence against women kindly contact POWA at (011) 642 4345, email or visit our website on to learn more about service that POWA offer.