THE National Prosecuting Authority (NPA) in the Eastern Cape has welcomed the effective 20-year sentence imposed by the Eastern Cape division of the High Court, Mthatha, against Yongama Nontshila (25) in relation to an arson attack on the home of his neighbour and relative which led to the death of an infant (1).
The court convicted and sentenced Notshila to five years for attempted murder, three years for possession of dangerous weapons, five years for each of the two counts of arson, and 20 years for murder. It ordered the sentences on other counts to run concurrently with the murder sentence, stated Luxolo Tyali, NPA regional spokesperson for the Eastern Cape division.
“In his [Nontshila] guilty plea explanation contained in the agreement with the state, Notshila admitted that he believed his aunt was responsible for the ill health of his uncle and grandmother, imputing witchcraft,” Tyali said.
On the day of the incident on September 13, 2020, Nontshila explained that he armed himself with a spear and a bush knife and went to his aunt’s homestead.
Upon arriving at the homestead, he came across his aunt’s two children, who ran towards one of the rondavels at the homestead and hacked one of them with the bush knife, but they both managed to escape to the neighbouring homestead.
He then set two grass thatched rondavels alight and that was when the one-year-old girl, who had been sleeping in one of the rondavels, died in the blaze.
He was later arrested. However, his trial was delayed due to his demonstration of mental illness. He was later referred to Fort England Hospital for medical observation where a panel found that he had a mental condition due to substance abuse disorder but had the capacity to understand court proceedings and make a proper defence.
“In mitigation of his sentence, the defence submitted that the accused has been in custody since September 2020, was a youthful first-offender and had a poor background after losing his mother who died when he was 14 years old. Substance abuse also played a role in the commission of the crime. The court considered those factors and sentenced him to 20 years,” explained Tyali.
In welcoming the sentence, Acting Director of Public Prosecutions in the Eastern Cape, Advocate Samkelo Mtwana, said the sentence demonstrates that perpetrators of violent crimes will be held fully accountable for their actions against vulnerable members of society.
-Supplied
