MAKHADO - An effort to feed a seriously injured victim of a Mapogo sjambok assault to crocodiles in the Limpopo River, was revealed here in court this week.

The court heard how an aggressive security officer around midnight forced his bleeding victim onto a gravel road leading to the crocodile infested river whilst covering his own tracks by walking on the grass and sweeping the road with a leafed branch.

Four security officers of Mapogo a Mathamaga, Khorombi Johannes Ndou (39) from Mashamba, Mashudu Lucky Lidevhele (40) from Khumdo in Venda, Shadrack Mudau (25) from Makwarela and Moses Seanego (23) from Bochum in the Limpopo Province, appeared before justice L O Bosielo on charges of assault with the intent to cause grievous bodily harm and murder. Seanego was acquitted on both charges, after evidence that he openly distanced himself from the attack and in fact tried to intervene to stop the assault on the deceased. Ndou and Lidevhele were found guilty on a charge of common assault on Mr Johannes Makoena and of murder on Mr Enos Itani Motau. They were each sentenced to one year imprisonment on the assault charge and to 20 years imprisonment on the murder charge. Judge Bosielo ruled that these sentences will run concurrently so that their effective sentence will be twenty years each. Mudau was also found guilty on the charge of murder and sentenced to 15 years. The court considered his young age and that he was according to the evidence under the spell and influence of his seniors.

The State Prosecutor Mr Johan Kruger initially asked for a life sentence, it being mandatory for murder. He rejected Ndou's plea for mitigation on the fact that he was married and had four children. Mr Kruger asked if he was aware of the fact that the man he murdered also had four children – one a small baby.

Judge Bosielo also rejected the plea for mitigation as unbelievably foolish and arrogant. "The deceased lost his life as a result of an assault in the presence of his wife and newborn baby. He will never again be able te return to care for them. The court would have expected of you to rise to the level of ordinary humane compassion and remorse."

Judge Bosielo said the deceased was exposed to prolonged brutal assault and died a painful and lonely death for no good reason. He offered no resistance but was blatantly dehumanised and rendered helpless against the vicous attack.

Judge Bosielo said it is unfortunate that Mapogo a Mathamaga during the past years became shrouded in contovercy and acquired dubious notoriety by defying basic principles, due to assaults. It might be that the accused were under the impression that they have carte blance to beat up whosoever. This is a serious misconception. According to the South African Constitution anybody who take the law into own hand, will incurr the wrath of the law, he said.

"There is no indication that the killing of Mr Motau was pre-planned or the result of a conspiracy. Although the deceased died a cruel death the specific circumstances does not justify a life sentence," he said.

The court earlier heard how Enos Itani Modau was taken from his wife's living quarters on the farm Islet in the Musina area on the night of March 13, 2002. He was bashed down with a baton, hit with fists, kicked several times and then repeatedly slashed with a sjambok in an assault, which lasted almost fifteen minutes. His wife, Johanna Modau, carrying her infant on her back, was chased from the scene. The victim was handcuffed and allegedly tied down with steel wire during the assault. He was screaming with pain. When he was untied and staggered to his feet, the bloodied stripes left by the sjambock lashings were clearly visible all over his body. The victim was then shoved in the direction of the river and told that he will be thrown into the river to be devoured by the crocodiles.

Motau's body was found the next morning alongside the road. He died of head injuries.

A Zimbabwean family member of the deceased, Mr Johannes Makoena, told the court how he was also dragged from his wife's bedroom by the accused. When he resisted he was slapped in the face and forced to the shed, where the deceased was lying, handcuffed and tied down. The accused asked him if he knew the victim.

"At first I did not recognize him. Then I saw his dreadlocks and realised it was my uncle Itani. The soil around his body was wet and he was groaning softly. They told me they are first going to finish him, then they will come and finish me." Makoena was left in the custody of accused Shadrack Mudau.

While the assault on Motau continued, Makoena succeeded to escape from custody and ran into the orange grove where he hid until it was safe to return to his wife's quarters.

All four accused were called to the witness stand and gave widely differing accounts of the incident. It was alleged that accused Nr 1, Khorombi Ndou, who was considered as the senior member among the officers, had an affair with the decease's wife. Ndou denied this. According to another witness Ndou accused the deceased of poaching on the farm and of visiting his wife without permission.

It was alleged that Accused 2 and 4 (Lidevhele and Seanego) were sent by the local owner/manager of Mapogo in Louis Trichardt, Ms Lucy Tsholo with the specific instruction to violently scare off certain individuals who were on the farm without permission. It was also alleged that Ms Tsholo instigated a conspiracy at the Musina police station to allege that the security officers were attacked and that the deceased was injured during their self-defence. Accused 4, (Moses Seanego) refused to be part of the conspiracy and was allegedly told that in that case Ms Tsholo will not pay his bail or assist him with an attorney. Ms Tsholo in her evidence admitted that the security officials were issued with batons to defend themselves, but denied that sjamboks were part of their standard issue. She also denied allegations of instigating the conspiracy.

Justice Bosielo, commenting on the evidence of accused Nr 2 (Lidevhele) that he had nothing to do with the assault, but was at all times present while accused 1 (Ndou) was assaulting the victim, stressed the fact that Lidevhele as security officer and as a trained soldier, was supposed to uphold law and order at all times and to actively fight crime. Lidevhele said that he was terrified and confused by the incident and frightened that he might lose his job if he resisted or tried to correct his senior.

According to the evidence none of the accused at any time contacted the farm manager or summonsed assistance for the obviously seriously injured victim.

According to photo evidence he had open and bleeding wounds all over his body, on his head, face, arms, back and legs.

Judge Bosielo in his summary stressed the seriousness of murder and said the unalienable right to life is regarded so important, sacred and sacrosant by the South African Constitution that it outlawed the death sentence. This should be sufficient to emphasise the importance to respect the right of life for all.