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Mziwamadoda Qwabe Plea Bargain
Mziwamadoda Qwabe Plea Bargain
Accused
A. PREAMBLE
WHEREAS:
6. Th e accused has been informed that this agreement cannot bind the
Court not to exercise its discretion to make a specific order or conduct
a specific enquiry, in which event the accused will be entitled to follow
any direction(s) given by the Court or abandon the agreement.
7. Th e a ccu se d m a k e s t h e following admissions relevant t o t h e
circumstances of his entering into this agreement:
7.1 that he understands the charges against him as set out in the
indictment;
7.3 that he is in his sound and sober senses while entering into this
agreement;
7.4 that h e understands English, a n d s o t h e te rms o f th i s
agreement is expressed in English.
11 The accused pleads guilty to each of the charges and makes the
following formal admissions, stated by the accused in the first person:
Count 1: Kidnapping
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Count 2: Robbery with aggravating circumstances
16.2 D r
18.1 understand the terms unlawfully and intentionally, which have also
been explained to me by my counsel.
19. I knew that the offences that I was committing were punishable in a
court of law.
C. T H E SUBSTANTIAL FACTS
20.The accused admits the following substantial facts relevant to this
matter stated hereunder by the accused in the first person.
20.1 O n 12 November 2010, I received a telephone call from
Monde. He told me 'a job' needed to be done. Monde said he
will give a person named Zola my number so that Zola could
call me.
10
20 16 B e f o r e Zola and the husband were dropped Watti robbed
Zola, t h e husband a nd t he deceased o f some o f their
possessions.
20 17 A f t e r dropping the husband I drove along Me w Way,
Khayelitsha between Ndlovini Village and Harare.
20.18 W h i l e I was driving the vehicle Watti shot and killed the
deceased. Watti was seated in the front passenger seat at the
time that he fired the single shot.
20 19 I got scared and nervous and drove the vehicle into llitha
Park, Khayelitsha where I parked the vehicle at the side of the
road.
20.20 I got out and saw that Watti was looking for the bullet
casing. I opened the back door of the vehicle, found the bullet
casing and picked it up.
20.21 I threw the bullet casing into a storm water drain while
Watti and I were running away.
20.22 I wore yellow gloves during the incident to avoid leaving
any fingerprints and escape detection.
20.23
II
presence. I also assisted the Police to recover the firearm that
was used during the incident.
21. The seriousness o f the offences of which the accused was convicted,
the interests of the community as well as the personal circumstance of
the accused were a l l considered a n d taken into account b y both
parties.
22.The aggravating factors are:
22.1 T h e c r i m e o f mu rd e r i s a g r a v e o ffe n ce . T h e
circumstances o f th e present murder a re particularly
aggravating, i n th a t the accused agreed fo r monetary
reward to become part o f a plot to murder an innocent,
recently married young woman, who was a stranger to
him.
13
23. The mitigating factors are
23.1 T h e accused was born on 19 March 1985 and is 27 years
of age.
23.2 T h e accused's highest level o f education i s a n N 2
(Electrical Engineering; Light Current) obtained a t th e
Western Province Technical College in Pinelands.
23.3 T h e accused is not married and is the father of three (3)
minor children aged three (3) years (born in 2009), two
(2) years (born in 2010) and eighteen months (born in
2011). The children reside with their mothers.
23.4 T h e accused i s unemployed and assisted h i s mother
occasionally at her meat selling business.
23.5 T h e accused h a s n o previous convictions, i s a first
offender and has showed remorse by pleading guilty.
23.6 T h e accused was arrested on 18 November 2010 and
has been in custody for eighteen (18) months.
23.7 T h e accused assisted the police with their investigation
by confessing his involvement in the matter soon after his
arrest and pointing o u t various scenes relating to the
commission of the offences.
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23.9 T h e accused i s willing and prepared to testify in a n y
subsequent criminal prosecution instituted i n regard to
this conspiracy.
1
T.%
15
DANIEL THEUNISSEN
Av
I, the undersigned,
PAUL HENDRIKSE
6 O n 24 July 2012 at 1 7 1
- Hindocha. the father of the deceased. and informed him of the plea and sentence
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CAPTAIN PAUL HENDRIKSE
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I hereby certify that the deponent knows and understands the contents- of this declaration
which was sworn to and signed by him in my presence at Cape Town 4
on 24 July 2012.
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EL ZEEMAN (LT COL)
17 DIAGONAL STREET
DPCI, OCI GAUTENG
NEWTOWN
JOHANNESBURG