The State v Nomsa Caroline Seyisi

The accused, Nomsa Caroline Seyisi, was convicted of the murder of Mr Thembinkosi Wambi and the attempted murder of Ms Zukiswa Frans. Acting in furtherance of a common purpose with two unidentified co-perpetrators, she planned and facilitated the luring of the victims from their home under false pretences. The victims were taken to a secluded area, forced to lie face down, and shot execution-style. Mr Wambi died from his injuries, while Ms Frans survived but sustained permanent loss of function in her hand. The accused concealed the identities of her co-perpetrators, failed to report the incident promptly, and was acquitted on a separate robbery charge. She was a first offender and the primary caregiver of her children.

The accused was sentenced to life imprisonment for murder (Count 1) and to 15 years’ imprisonment for attempted murder (Count 2), with the sentence on Count 2 ordered to run concurrently with the life sentence.

The judgment reinforces the strict application of the minimum sentencing regime under the Criminal Law Amendment Act, particularly in cases of premeditated murder committed in furtherance of a common purpose. It underscores that being a first offender or a primary caregiver does not, without more, amount to substantial and compelling circumstances, and affirms the approach that the interests of all children affected by crime must be balanced, not only those of the offender.