A Motherwell man convicted of kidnapping and murdering his ex-girlfriend was sentenced on Friday in the Port Elizabeth High Court to 18 years behind bars.
Siviwe Khusani, 28, was arrested in June 2018 for the murder of Azintle Feni, 25, after he took police to a remote field near the Swartkops River in Motherwell, where he had burnt her corpse.
Khusani, who pleaded not guilty to kidnapping and murder, spent more than two years in custody while awaiting trial, all the while maintaining he was responsible for her death but that it had never been his intention to kill her.
During sentencing proceedings, judge Nyameko Gqamana told the court the case highlighted the plight of women in society who were unable to defend themselves.
He said not a day passed by without the media reporting on violence against women and children.
“Women and children should live freely with no fear, and the court has a responsibility to pose appropriate sentences to set an example to the community,” Gqamana said.
While he described Khusani’s actions as gruesome, he said they had been perpetrated due to jealousy and not premeditated murder.
He said a life sentence would not have been effective as Khusani deserved a second chance to rehabilitate himself.
“He has been in police custody for more than two years and been co-operative with the investigative officer.
“However, he needs to go to jail for a long time and 18 years would be appropriate five years for kidnapping and 18 for murder, with both running concurrently,” he said.
Speaking outside court, Feni’s tearful mother, Thembakazi Jack, 42, said the sentence was in favour of Khusani and the family would seek to appeal against it.
“The sentence was not fair, and this would make me even more sick. If I had an opportunity, I would ask the judge why,” she said.
Jack, who since the incident has been undergoing therapy and taking medication for depression, said it was doing no justice for her family.
“The case has dragged on for more than two years now. And I’m am not happy with the outcome. My child was reported missing and Siviwe did nothing.
“This sentence was an insult and it is unfair on us that Siviwe deserves a second chance,” she said.
Jack said the justice system had failed her and her daughter’s death had been in vain.
“The judge knows my condition, they all know how deeply this affected me.
“My child was brutally murdered and her murderer got away with a simple light sentence.
“We still demand justice for my daughter,” Jack said.
On June 16 2018, Feni and her cousin attended a party at FG’s Tavern in Mkhombe Street, Motherwell.
On their way to the party, they met up with Khusani who gave them a lift to the tavern, where the three were believed to have consumed a few beers.
According to the state, while at the party Feni engaged in conversation with a former boyfriend, to which Khusani took offence.
After demanding Feni leave the party with him, Khusani hustled her into his car.
But while on the way to her parents’ home in NU8 Motherwell, Feni managed to get out of the car and started walking.
Khusani proceeded to take Feni’s cousin home and then returned, forcing her back into his car and driving her to a friend’s house where he assaulted and murdered her.
After the murder, Khusani put her body in his car and drove to a bushy area near NU5 where he placed it on the ground and set it alight.
Gqamana said the case was affecting the families of Khusani and Feni as she had left behind a daughter.
HeraldLIVE
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