The crimes committed more than two decades ago by former crime intelligence boss Richard Mdluli and Mthembeni Mthunzi were so serious that the appropriate sentence should be a jail term.
Image: Gallo Images/Netwerk24/Felix Dlangamandla
This was the argument put forward by the state during sentencing proceedings against the two men at the high court in Johannesburg on Friday.
Mdluli, 61, and Mthunzi, 60, were last year each convicted on two counts of assault, two counts of kidnapping and two of assault with intent to commit grievous bodily harm.
This was for the 1998 assault of Mdluli’s customary wife, Tshidi Buthelezi, and her boyfriend, Oupa Ramogibe.
Mthunzi and Mdluli had, at the time, travelled to a house in Vosloorus where they assaulted Alice Manana, forcing her to reveal where Buthelezi and Ramogibe were.
Mthunzi and Mdluli proceeded to Orange Farm, where Buthelezi and Ramogibe were found. Ramogibe was then assaulted.
Ramogibe was murdered in 1999 in an unrelated incident. Nobody was arrested for his death. Buthelezi died a few years later of natural causes.
Prosecutor Zaais van Zyl SC said deterrence in this case played a limited role.
Van Zyl said there was no need to reform the behaviour of the two men because for 22 years they had been on good behaviour.
“This case is essentially about retribution,” said Van Zyl.
He said the court had been presented with positive personal circumstances about the accused, including their ages and the fact that they provided for their children and extended families.