Magaqa was killed before he could reveal the information he had on alleged corruption in a KwaZulu-Natal municipality.
One of the men who killed former ANCYL secretary-general Sindiso Magaqa has been sentenced to 25 years for murder.
Sibusiso Ncengwa admitted that he was part of a group of men who were paid R120 000 to kill Magaqa in 2017.
His lawyers had pleaded for leniency. They argued that he had apologised to the Magaqa family and had shown remorse for his deeds.
Ncengwa is also serving time in prison for other crimes unrelated to Magaqa’s murder. These include armed robberies.
How much he got for each charge
Judge Nontuthuzelo Mlaba asked Ncengwa to stand as she delivered her judgement.
“Count 1, conspiracy to commit murder, you are sentenced to 25 years imprisonment. Count 2, murder, you are sentenced to 25 years imprisonment.
“Count 3, attempted murder, you are sentenced to five years’ imprisonment. Count 4, attempted murder, you are sentenced to five years in prison. Count 5, attempted murder, you are sentenced to five years imprisonment.
“Count 6, malicious injury to property, you are sentenced to three years imprisonment. Count 7, malicious damage to property, you are sentenced to three years imprisonment. Count 8, malicious injury to property, you are sentenced to three years imprisonment.
“Count 9, possession of a fully automatic firearm, you are sentenced to five years imprisonment.
“Count 10, unlawful possession of a firearm, you are sentenced to five years imprisonment. Count 11, unlawful possession of ammunition, you are sentenced to one year in prison,” she said.
The other sentences will run concurrently with the 25 year murder sentence.
Considerations
Mlaba said she had taken Ncengwa’s confession as part of her sentence.
“In this case, Mr Ncengwa, you have taken the court into confidence by fully disclosing your role in the commission of all these offences. You have disclosed to the courts what the motive was and you have taken responsibility for your actions by admitting your guilt.
“Accordingly, having considered all the above factors and even in the light of the gravity of these offences, it is this court’s considered view that these factors amount to sufficient justification for a deviation from the prescribed sentences,” she said.
Mlaba said it is in the best interests of society for Ncengwa to be imprisoned.
“Your conduct in agreeing to take the life of a person demonstrates a clear disregard for human life. The right to life is currently one that you enjoy, but one that you took away from the deceased and for selfish reasons.
“The deceased had a family. He had young children who will ever be denied the privilege of having a present father.
“You did not seem to have considered all the above when you decided to arm yourself, attack and kill the victim in this matter.”
Just about the money
Mlaba said Ncengwe simply cared about the money he was to be paid for carrying out the hit on Magaqa.
“The brazen manner in which you committed these offences, your disregard for human life and just your lack of humanity must therefore be condemned,” she said.
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Political killings
Ncengwa said the state lawyers had complained that the National Prosecuting Authority (NPA) is dealing with many cases of political killings in KwaZulu-Natal.
“This leads this court to the conclusion that although factors justifying a deviation from the prescribed minimum sentences, the sentence proposed by your counsel would be disproportionate to the offences that you have committed,” she said.
In a recent interview with The Citizen, ANCYL president Collen Malatji said he was concerned about the involvement of politicians in Magaqa’s death.
It is claimed that Magaqa was about to blow the lid on alleged tender corruption in the uMzimkhulu municipality concerning the building of a community hall.
“The acts of these individuals do not represent what the ANC stands for, which is to build a safe and secure community, where airing your views about wrongdoing does not lead to you being murdered,” he said.
Malatji had called for life imprisonment for those who killed Magaqa.
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