The World’s attention was once again on South Africa a few weeks ago when the verdict in the Oscar Pistorius trial was delivered: Oscar could not be found guilty of murder, because he could not have reasonably foreseen that he would kill someone when shooting into a small cubicle four times. Not murder, culpable homicide.
Despite months of daily live coverage of the Oscar trial, it seems as if the World still doesn’t have enough of real life legal dramas made in South Africa: this week the World’s media attention is on the ‘honeymoon murder’ of Annie Dewani, who was killed by two Capetonians in an allegedly staged hijacking organised by her husband, Shrien Dewani.
But while international media seem to have a huge appetite for the ‘honeymoon murder’, no one outside South Africa seems to care much for the latest ruling in another high profile case: the Jub Jub Maarohanye trial. In 2012, Jub Jub and co-accused Themba Tshabalala crashed into a group of school kids while drag-racing a Mini Copper, killing four children and leaving two permanently mentally disabled. The pair was originally sentenced for murder and reckless driving and given 20 years in prison.
Jub-Jub and Themba appealed against the verdict stating that they were under the influence of drugs at the time of the accident and could not be expected to have an understanding of the consequences their behaviour might have. Murder could therefore no longer be the verdict – after all, there was never any intention or foresight that their behaviour might lead to the killing of innocent school children.
This morning a judge in the high court agreed with this reasoning and turned their sentencing from murder to culpable homicide. Jub Jub & Themba now face a ten year sentence of which two have already been served and two are likely to be suspended. Four children died, two will never be able to live without constant care – and Jub Jub and Themba can reasonably expect to get away with it with just six years in prison.
After the Oscar verdict, South African newspapers went to press titling
“A black man who acted recklessly with a tool designed for transport is in jail for 25 years, a white man who acted recklessly with a tool designed for killing will get away with it”
It makes you wonder if Jub Jub’s appeal would have been successful with a different ruling in the Oscar trial... it makes you wonder what precedence the Oscar ruling has set for future drunk-driving accident, stoned shootings and high rapes... it makes you scared of what's to come...
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