Daily Sun (October 9 2014) - FIRST IT was murder, now it's culpable homicide. Instead of 20 years, the sentence is now eight years.
JUB JUB AND THEMBA TSHABALALA MAY BE BACK ON THE STREETS IN TWO YEARS' TIME!
Judge George Maluleke said: "There can be no suggestion that the appellants had the foresight that their escapade could result in death and serious injury."
But yesterday an aunt of one of the dead boys said: "We are more than disappointed. What makes matters worse is that we only found about it in the media."
The woman, who did not want to be named, said the long sentence would not bring back their children but it gave them some comfort that the killers would be behind bars for a long time. "Now they will be walking the streets soon. We are very sad but God will help us through this," she said.
Edwin Masemola, Phomello‘s father, said they had decided to accept the decision.
"We have had enough," he said.
"It would seem if you have money the law works for you and if you are poor, it doesn't."
He said his family will not even pursue a civil case.
"I don't know about the other families, but I doubt if any of them them will take the matter further. Nothing will bring back our children," he said.
Daily Sun has learnt that, had he lived, Prince Mohobe, one of the boys whose life ended that day, would have celebrated his 21st birthday yesterday.
The murder convictions of hip hop singer Molemo "Jub Jub" Maarohanye and Themba Tshabalala were changed to culpable homicide by the full bench of the South Gauteng High Court.
Their sentences have been reduced to eight years from the 25 years initially imposed by the Protea Magistrates Court in October 2012. The sentences will be backdated to 16 October 2012 and they they could be eligible for parole as early as October 2016.
The judges found because Jub Jub and Tshabalala were under the influence of drugs, they did not think their reckless driving would cause an accident.
"In this context there can be no suggestion that the appellants had the foresight that their escapade could result in death and serious injury to pedestrians and reconciled themselves with that eventuality," said Judge Maluleke.
"Therefore, the murder and attempted murder convictions cannot stand."
The judges reduced the sentence to 10 years, with two years suspended for five years.
Jub Jub and Themba were drag racing when they crashed their Mini Coopers into a group of schoolboys in Protea North, Soweto on 8 March 2010. Prince Mohube, Mlungisi Cwayi, Andile Mthombeni and Phomello Masemola were killed. Frank Mlambo and Fumani Mushwana were left permanently brain damaged.
The two were found guilty of murder, attempted murder, driving under the influence of drugs and racing on a public road.
Criminal lawyer Andrew Boerner explained that when the young men were first sentenced in October 2012, the court did not say when they would be eligible for parole. Jub Jub and Tshabalala may only be placed on parole after serving half the sentence.
"If we exclude the two years' suspended sentence, the pair may be eligible for parole after serving four years each," he said.
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