On Thursday, January 19, 2023, former police officer Lukhanyo Mnembe, age 42, was sentenced to 25 years in prison for murder at the High Court of South Africa: North West Division.
The North West division of the National Prosecuting Authority (NPA) determined in April 2019 that Mnembe murdered Thamsanqa Phoofolo and sentenced him to 20 years in prison for murder.
The former police officer was also sentenced to 10 years in prison for each of the two counts of pointing a firearm, concurrent with his term for murder.
The conviction of Mnembe stems from an event on 4 April 2019 in Ikageng, near Potchefstroom, in which criminals stormed into his bar and stole his goods, according to a statement by Henry Mamothame, NPA Regional Spokesperson.
Mnembe received a report from an anonymous source that Phoofolo was one of the individuals who broke into his tavern, according to evidence presented in court.
On the evening of 5 April 2019, he went to the deceased’s residence with a firearm and an axe and demanded that he leave his hut. After the victim refused to leave, the defendant broke into his home and began attacking him.
According to Henry Mamothame Phoofolo, his mother’s sister and her two-month-old infant were inside the residence at the time of the occurrence.
He stated that when they attempted to intercede, the accused threatened them with a gun.
“Additional evidence proved that the defendant fired a single shot into the shack, causing the victim to flee into the home, followed by Mnembe. Phoofolo pleaded with Mnembe not to shoot him in front of the baby, but Mnembe’s appeal fell on deaf ears as he fired two more shots that proved fatal.
Advocate Benny Kalakgosi, the state prosecutor, contended in aggravation of sentence that Mnembe was a police officer who failed to report the incident to the police and instead took the law into his own hands.
He maintained that the family is still traumatized by Mnembe waving a gun at them and their witnessing the murder of their loved one.
As a former police officer, Mnembe, according to Judge Eulenda Mahlangu, should have understood that vigilantism is a scourge against which law enforcement is constantly warning members of society.
Dr. Rachel Makhari- Sekhaolelo, director of public prosecutions, praised the prosecutor and investigation team for their hard work.
Even when culprits are among our ranks, we carry out our obligations of delivering justice without fear, favoritism, or bias.
Rachel Makhari-Sekhaolelo
»Former officer sentenced to 25 years in prison for murder«