Update

MOSSEL BAY NEWS - Despite having been convicted of the murder of 18-year-old Isaac Daniels, who was killed in mob justice style in Dalasile Street, KwaNonqaba, on 27 December 2015, the seven perpetrators steadfastly maintain their innocence.

Regional Court magistrate Phumela Yono on Friday afternoon, 14 September postponed the case to 10 October for sentencing.

The court on Friday heard testimony of two probation officers who, after assessing the personal circumstances of each of the convicted persons, made recommendations to the court on appropriate sentences.

The KwaNonqaba police investigating officer, Sgt Rudi Swanepoel told the court that, according to recently released national crime statistics there were an enormous 849 cases of mob justice reported in the past financial year, of which 173 were committed in the Western Cape.

The legal counsel for the accused, Basil D'Oliveira, and the Regional Court Prosecutor Reinet de Waal concurred that the minimum sentence should, however, not be imposed. While D'Oliveira asked the court to show mercy as the court's judgment was based on common purpose, the prosecutor reminded the court of relevant case law that would require lengthy imprisonment.

De Waal also stressed the trauma that the family of the accused suffered, especially as Daniels was dragged from his family home before he was killed.

Magistrate Yono found the accused guilty on charges of murder and kidnapping earlier in July.

Dalasile Street residents in KwaNonqaba accused Daniels of the theft of some clothes. Scores of people, including the seven accused and even children as young as six and seven years old, in a frenzy, attacked Daniels with, among others, the handle of a pickaxe, golf clubs and stones.

At the time of the first court appearance of the perpetrators in February 2016, residents of Dalasile Street staged a mass demonstration outside the magistrate's court and demanded that the accused be released on bail. One of the accused, a 58-year-old woman, was convicted of murder and kidnapping on the basis of common purpose as she supplied a tyre in order for the victim to be burned to death.

The community members attended the very first court appearance of the seven accused in February 2016 in large numbers. 

At the time of the incident the Dalasile Street residents were particularly obstructive towards the police.

They tried to intimidate the investigating officer, Sgt Rudi Swanepoel, and stones and rocks were thrown at the KwaNonqaba Police Station, damaging a window of one of the temporary offices.

Furthermore, the residents openly declared their street a no-go area to the police.

At the time Sgt Swanepoel, with the help of members of the police Sea Border Unit, managed to arrest the accused at night. The arrests angered the Dalasile Street residents even more.

Despite repeated attempts at intimidation towards him, Sgt Swanepoel successfully charged the perpetrators and, through dedication, built the case docket with the evidence that eventually led to the conviction of all of the seven accused.

Several members of the community again attended the court proceedings on Friday.