Pretoria - A robber is being held liable for the premeditated murder of his partner in crime, despite the fact that he did not pull the trigger himself.
The partner was shot and killed by a police official in self-defence.
A judge sitting in the Mpumalanga High Court said both robbers knew exactly what they were getting themselves into when they decided to overpower two police officials who had transported them in a minibus that day.
Acting Judge Johannes Roelofse said the two robbers knew their actions could lead to bloodshed, yet they went ahead with overpowering the SAPS officials to get their service pistols.
Thus, he said, they should have expected to face the consequences.
Johannes Walter Ratau and Tony Lipson Madutela were being detained by police at the time and were being transported by Sergeants Lebone Makhufola and Ngakwana Boloka in a minibus from Sekhukhune to Mbombela. Madutela was shot dead by Makhufola in a scuffle for the officer’s service pistol.
The detainees were seated in the back seat of the minibus. Boloka was seated in the second row from the back, just in front of the two prisoners, while Makhufola was the driver.
Makhufola testified that on the road between Sabie and Mbombela, he heard a commotion at the back and saw Ratau leaning over Boloka’s seat. The next moment Madutela was next to him.
Madutela grabbed hold of the steering wheel, and a struggle ensued between them. The minibus came to a standstill against a tree stump.
During the struggle, Makhufola succeeded in getting the pistol from its holster and warned Madutela that he would shoot him if he did not stop the attack. But Madutela continued and Makhufola fired a warning shot. When this did not help, he shot him in the heart.
Makhufola got out of the passenger door and pointed his firearm at Ratau, who was holding Boloka by her hair. Makhufola testified that the two prisoners were cuffed to each other with a 600mm chain tied to their ankles.
Ratau testified he saw Madutela storming to Makhufola, but he did nothing in the back seat of the minibus. He denied he and Madutela were chained to each other by the ankle.
He claimed the officers only cuffed them together after his friend had already died.
Rejecting the robber’s evidence, Judge Roelofse said they planned the attack because both almost simultaneously launched the attacks on the officials in a bid to get their firearms.
“Firearms are designed and used to kill. Nothing in this case suggests that the deceased and Ratau were ignorant as to the danger of a firearm … Madutela and Ratau nevertheless persisted with their attacks while reconciling themselves with the outcome; that someone may get injured or die.”
He convicted Ratau of premeditated murder. He faces a possible life term.
Pretoria News