The State v Thando Mgqobozi

In December 2015, Siyamthanda Koli (aged 12) and Cordelia Koli (aged 16) were permitted by their parents to attend a traditional ceremony in Lower Nqadu Locality. They never returned home. The accused, Thando Mgqobozi, kidnapped Siyamthanda, robbed Cordelia of her cellphone, raped Cordelia, and brutally murdered both girls in a secluded forest area. The murders were accompanied by extreme violence, with multiple stab wounds inflicted on each victim. Cordelia was raped prior to her death. The accused was convicted on charges of kidnapping, aggravated robbery, rape, and two counts of murder. The judgment concerns the appropriate sentence to be imposed following conviction.

The accused was sentenced to 5 years’ imprisonment for kidnapping, 15 years’ imprisonment for aggravated robbery, and life imprisonment for each of the two murder counts and the rape count. He was ordered to be entered into the National Register for Sex Offenders, declared unfit to work with children, entered into the National Child Protection Register, and declared unfit to possess a firearm.

This judgment reinforces the strict application of South Africa’s minimum sentencing regime in cases involving extreme violence against children, rape, and multiple murders. It underscores the limited role of personal circumstances in serious offences, affirms the centrality of societal protection and deterrence, and highlights judicial consideration of recidivism and lack of remorse in sentencing. The case is a strong statement against gender-based violence and crimes against children.