Jaco Kemp (38), Louis Coetzee (38) and Gericke van der Westhuizen (41) were sentenced to life imprisonment in the High Court in Pretoria on Friday. (Photo: Janice du Plessis/Marooela Media)
“The deceased did nothing wrong. He only went to get water and yet he was brutally assaulted, killed and his body thrown into the back of a van like rubbish to be disposed of.”
This is how state prosecutor Laurence More reminded the court about the murder of Dumisani Phakathi, where Jaco Kemp (38), Louis Coetzee (38) and Gericke van der Westhuizen (41) were sentenced to life imprisonment in the High Court in Pretoria on Friday.
Judge Mudunwazi Samuel Makamu said during sentencing that he had not heard the trial but had properly reviewed the case.
“After careful consideration of the accused’s personal circumstances, I have found that there are no compelling and substantial circumstances to depart from life imprisonment,” Makamu found.
He further said that the fact that two of the accused have already been behind bars for two and a half years does not play any role in the sentence and that they are therefore sentenced to 25 years behind bars.
(Photo: Janice du Plessis/Maroela Media)
Lack of true remorse
Makamu found that Kemp and Coetzee showed no remorse for their actions. Although Van der Westhuizen expressed his condolences to Phakathi’s family, the judge found that this was not genuine remorse.
“There is a difference between true remorse and regret for the situation you find yourself in,” said the judge.
Makamu labeled the attack as a racial incident and emphasized that it will not be tolerated. However, all three legal representatives pointed out that there is no evidence that the incident was racially motivated.
Louis Coetzee’s family were in tears at court. (Photo: Janice du Plessis/Maroela Media)
All have filed applications for leave to appeal, citing various reasons why they are not guilty of the murder, or should be sentenced to life imprisonment.
The state opposed the application.
“It is indisputable that all three accused worked together to end the deceased’s life and then tried to get rid of his body. It was proven during the trial that they all acted together and that they therefore acted with a common goal. None of them tried to stop the other,” argued More.
He further argued that the three accused showed no respect for Phakathi.
“He was tied up like an animal with a rope and his body was thrown onto a garbage truck as if he himself was garbage – and all this for nothing.”
More also argued that three people who look alike attacked and killed someone who looked different from them. He argued that life imprisonment was appropriate and that leave to appeal should be refused.
Makamu dismissed all three defendants’ applications and said he was of the opinion that no other court would come to a different conclusion.
(Photo: Janice du Plessis/Maroela Media)