News24.com | 'Is he indeed remorseful?' asks judge during sentencing hearing for man who killed Mazibuko sisters

• The man, who allegedly confessed to killing Hillary Gardee, claimed he was remorseful for killing his girlfriend and her sister.
• Rassie Hlabirwa Nkune was convicted after he pleaded guilty to killing Pretty Mazibuko and her sister, Marcia Mazibuko, last year.
• Nkune was arrested after he allegedly killed Nonkululeko Crystal Nkosi.

A high court judge questioned whether the man, who allegedly confessed to killing Hillary Gardee, was remorseful about killing the two Mazibuko sisters.

Judge Vincent Ratshibvumo posed questions to Rassie Hlabirwa Nkune's lawyer, advocate Mavis Moloi, who claimed that the convicted double murderer was remorseful about killing Pretty Mazibuko, 46, and her sister, Marcia Mazibuko, 41.

Ratshibvumo convicted Nkune on Tuesday after he pleaded guilty to killing the two sisters in Kanyamazane on 15 May 2022.

His trial began on 15 May, exactly a year after the Mazibuko sisters were gunned down.

"My client has been in custody since his arrest. He is taking responsibility for his actions. He is remorseful and has apologised. There are prospects of him being rehabilitated. He pleaded guilty. Even upon our first consultation, he indicated he would plead guilty.

"He admitted his wrongdoings. He was emotional in court. After the [fatal] incident, he attempted to commit suicide. Remorse is not only for the community or person, it is the moral braveness of the person. Pleading guilty is a sign of remorse.

"He has been convicted of two counts of [premeditated] murder. When the court imposes a sentence, it needs to consider the seriousness of the offence. When one looks at the community, one can tell that the matter is very serious," said Moloi.

She added that Nkune was in a relationship with Pretty, and even had a close relationship with her child. 

READ | 'They were killed for nothing' - grief-stricken mom of slain Mazibuko sisters

"The community and family of the victims expect the court to sentence him severely. The court should not look at the community's interest [alone], but the accused's. The court should exercise mercy when imposing the sentence. A life sentence shouldn't be the ultimate sentence the court looks at. 

"When looking at the evidence of a State witness, it [the murders] occurred after an argument between him and Pretty. Judging by his actions and demeanour in court when he gave evidence, he is remorseful," said Moloi.

She said she was mindful that the Mazibukos had lost two daughters.

Remorse

Ratshibvumo asked: "Am I right that you are raising important aspects about your client's circumstances, and emphasis on remorse on the part of your client? Where was the client arrested? How was he arrested?

"You may wonder why I ask these. My interest is that is he indeed remorseful?"

"If he is genuinely remorseful, what steps did he take to demonstrate his remorse after the incident? Did he play any role in the assistance of their funeral? If he is remorseful, why did he have to be traced for another matter?

"What caused him to commit the deed? What has since happened to change the heart? Waiting to be arrested doesn't demonstrate remorse."

Moloi replied that Nkune was arrested last year in Benoni.

"Nkune claimed he was not himself after the two murders. He was thinking of handing himself over, but was scared. He was not employed and could not assist with the funeral. He was a loan shark.

"As compensation, he promised to offer the home he shared with Pretty to her family," said Moloi.

Reply

The State advocate, Zwelethu Mata, said Nkune was not remorseful.

"I don't think he is remorseful. The State's case was overwhelming. He had no option but to plead. At one point, he wanted the court to believe Pretty's death was a mistake. No attempts were made to send uncles to apologise to the Mazibuko family.

"He destroyed the livelihood of Pretty. Similarly, he destroyed the livelihood of Marcia, and her children will suffer. The two victims were females known to him. I don't understand why he killed them in the manner he did.

"He killed them in the same place near their home. Their mother was the first person to see her kids in that state. Nkune is an educated person. He ought to have acted better on the day.

"His educational background allowed him to learn to resolve things better. He took away the life of Pretty, a person he said was more than a girlfriend to him," said Mata.

READ | Hillary Gardee murder: Alleged killer fears for his life if imprisoned in Mpumalanga

"Crime is on the rise, especially murder. No one can escape the impact. Criminal misdeed doesn't only affect the victims who passed on, but those related to those victims. The court should take seriously the safety of society.

"The court doesn't have to go outside and see how this has affected the community of Kanyamazane. This court has always been filled. It reflects the seriousness of the matter.

"There appears to be a public interest in the matter. Nkune killed two defenceless women. Pretty was self-employed and left behind two children. Marcia was a sergeant in the police. The loss of one member in our society is one too many," added Mata.

Mata said Nkune's remorse focused only on Pretty and didn't pay attention to Marcia's death. 

"It is as if Marcia's death was less of a concern to him. The court is faced with the critical task of delivering the sentences. He has been found guilty of serious crimes that are prevalent in this jurisdiction.

"The court must deliver sentence without fear or favour. The sentence must fit the criminal. His personal circumstances are not different to that of every person appearing in our court," said Mata.

Sentencing is expected to be delivered on Thursday.

Background 

Ratshibvumo had convicted Nkune of two premeditated murders.

Nkune was arrested in August last year after he allegedly killed Nonkululeko Crystal Nkosi in Sundra, Mpumalanga, on 6 August 2022.

Using social media, he allegedly lured Nkosi, of Witbank, to Sundra.

Nkune allegedly threatened Nkosi with a firearm, strangled her, and threw her into a ditch before fleeing with her Mercedes Benz vehicle, which was later found abandoned in Sundra.

Nkosi succumbed to her injuries the following day in hospital, but had pointed out Nkune as her attacker.

When arrested, Nkune allegedly confessed to Mpumalanga police that he pulled the trigger that killed Hillary.

However, in April this year, Ratshibvumo provisionally withdrew charges against Nkune, Sipho Lawrence Mkhatshwa, Albert Mduduzi Gama and Philemon Lukhele.

Ratshibvumo was baffled by the State advocate Thobeka Phungula's remarks that they were provisionally withdrawing charges against the men accused of killing Hillary because the State could not locate three key witnesses.

The judge then lashed out at Phungula, expressing shock because he had been told the previous day that the State was ready to proceed with the Hillary murder trial.