JOHANNESBURG, April 24 (ANA) – The defence in the murder and assault case of former African National Congress Youth League (ANCYL) leader Patrick Wisani pleaded with the Johannesburg High Court on Monday, to hand down a 15-year sentence with three years suspended.
Wisani, 32, was found guilty of murdering his then 24-year-old partner, Nosipho Mandleleni, in Yeoville in September 2015 and of assaulting her twin sister, Siphokazi Mandleleni, and her friend, Zimbini Mathibe, in an attempt to stop them from testifying against him.
At the time of the assault, Wisani was on bail. As a result his bail was revoked in June 2016, following the assault of the two women.
Advocate Cronje Kriel, for Wisani, said the court should never lose sight of mercy and had to consider the personal circumstances of the accused.
“His a first offender and at the age of 32 he is at the prime of his life. He employed several people and has two children. He grew up as a humble person and that couldn’t have lead to the incident that took place,” Kriel said.
Kriel also argued for a lenient sentence citing “compelling circumstances”.
“He can be rehabilitated and [be] useful to society, 15 years imprisonment with three years suspended would be appropriate,” Kriel said.
However, Judge Mohamed Ismail responded by saying: “The assault charge has an impact on the personality of the accused. He posed danger and threatened the state’s witnesses after committing the murder”.
The judge had earlier said: “The evidence in this case was that the deceased was beaten several times, like a slave master would beat a slave, the clothing was changed and other clothing was put on the deceased.”
Earlier, Wisani took the stand and told the court that he owned a construction company where he was earning around R20,000 a month and that he had two daughters aged four and 11.
Wisani said that he was continuing his studies while he was in prison and would most likely receive his degree in 2017.
He described his relationship with Mandleleni as loving and dynamic.
“There’s no day that goes by when I don’t think about her, my mom said I must not allow anyone to crush my spirit. The court needs to apply it’s mind, my plea is for it to have mercy on me,” Wisani said.
State prosecutor Faghre Mohamed asked Wisani whether he was remorseful for what he had done.
“I feel the pain of her parents, I still remain by [my story] that I did not commit the crime. The ANC teaches us that women must not be abused and be allowed to shine.”
Mohamed later called the mother of Mandleleni, Noxolo, to the stand who told the court that her daughter worked at Shoprite as a shelf packer.
Noxolo became emotional when she was asked about her deceased daughter.
“She has a four-year-old child, who is staying with her biological father in Durban.”
Noxolo said that the death of her daughter was painful and was something she could not forget.
“It’s a wound in my heart that will never heal,” she said.
“I’m baffled after someone has been convicted but that person has still not admitted to what they’ve done, if he indeed committed the crime he must admit it then I’d forgive him.”
“In saying I forgive him, I don’t mean the court shouldn’t do it’s duties. I want life imprisonment sentence should be imposed on him.”
Earlier, Judge Ismail said that Wisani threatening Mandleleni’s friend and sister implied that he felt that he was above the law.
Ismail is expected to sentence Wisani on May 11.
– African News Agency (ANA)
