The appellant, Joshua Makatu, was indicted in the Venda High Court on charges of murder (subject to s 51(2) of the Criminal Law Amendment Act 105 of 1997), theft of a firearm, and unlawful possession of a firearm. The theft charge was withdrawn. He pleaded guilty to murder and unlawful possession of a firearm. Although charged under s 51(2), which attracts a minimum sentence of 15 years’ imprisonment, the trial court sentenced him to life imprisonment under s 51(1) after finding, based on evidence led in mitigation and aggravation of sentence, that the murder was premeditated. The murder arose from a deteriorated marital relationship; the appellant shot his wife multiple times during an emotionally charged confrontation at her workplace and then attempted suicide. He appealed against sentence only.
The appeal against sentence was upheld. The life sentence was set aside and replaced with a sentence of 12 years’ imprisonment for murder. The sentence of five years’ imprisonment for unlawful possession of a firearm was ordered to run concurrently with the murder sentence.
The case reinforces the principle that an accused must be informed at the outset if the State intends to rely on the minimum sentencing regime under the Criminal Law Amendment Act, particularly where life imprisonment is contemplated. It underscores the importance of fair trial rights in sentencing and clarifies that premeditation must be proved on proper evidence before s 51(1) can be applied. The judgment also illustrates the application of the Malgas test for substantial and compelling circumstances.