On 8 August 2013, during the month of Ramadan, Mohammed Laher, a 44-year-old man suffering from multiple sclerosis and severely physically disabled, was murdered inside the South End Mosque in Port Elizabeth. He had been staying at the mosque for prayer and religious devotion and was defenceless at the time of the attack. The appellant, Mohammed Sani Aliko, was seen entering the mosque that morning. A caretaker, Ms Osman, observed him assaulting the deceased with an electrical cable. After the appellant left, the deceased was found dead. The post-mortem revealed death by strangulation, severe blunt force injuries, and a pencil violently forced into the ear causing fatal internal bleeding. The appellant denied committing the murder and provided an alternative explanation for his presence at the mosque. His version was rejected by the trial court. He was convicted of murder and sentenced to life imprisonment. Both conviction and sentence were upheld by a Full Court, although the Full Court found there was no proof of premeditation. The appellant appealed to the Supreme Court of Appeal against the sentence only.
The appeal against sentence was dismissed and the sentence of life imprisonment was confirmed.
This case reaffirms that life imprisonment may be imposed for murder even where premeditation is not proven, and underscores the inherent sentencing discretion of South African courts. It clarifies that 'premeditated murder' is not a distinct offence, but a sentencing consideration under the minimum sentencing regime. The judgment strengthens jurisprudence on proportionality, judicial discretion, and the assessment of aggravating factors in sentencing.