Africa-Press – South-Africa. A man has lost his appeal in the Western Cape High Court against his murder conviction in connection with a cash-in-transit (CIT) heist that was described as a “heinous crime committed in broad daylight”.
“This was a heinous crime committed in broad daylight in a highly populated area. The appellant [Zwelenkosi Tsolo] showed no remorse.
“He took advantage of his prior knowledge of the operations of his erstwhile employer for pure criminal gain,” Judge Judith Cloete wrote in a 19-page judgment delivered on 4 March 2022.
The court also found there was nothing that indicated Tsolo had any realistic prospect of early or medium-term rehabilitation and reached the conclusion there was no basis for it to interfere with the life sentence that was imposed.
He was found guilty in August 2019 and subsequently sentenced to life imprisonment for murder and 10 years each for three attempted murders, and 15 years for robbery with aggravating circumstances (concurrently) for his role in the heist.
CIT heists on the rise, more than 50 heists reported in last two months
According to court papers, Johnson and the deceased, Magoqoba, were employed as security officials by SBV Cash Services in Epping.
On 6 April 2009 at approximately 11:40, Johnson and his colleagues, including Magoqoba, arrived with their vehicle at the loading zone of the Nyanga Junction shopping centre in Manenberg.
The papers stated Magogoba exited the vehicle with the cash, with Johnson following behind him.
They were transporting the cash to an ATM when they were accosted by people wielding firearms.
According to the papers, one of the men shot Johnson in the neck.
“The bullet passed through his neck, hit the wall behind him, and ricocheted back onto his shoulder, and Johnson collapsed onto the ground.
“The deceased was lying on the floor and had 16 gunshot wounds to the neck, left shoulder, chest, back, lower abdomen, buttock, right leg, and left thigh.”
Tsolo brought the appeal application concerning his convictions on the ground of whether Johnson correctly identified him as the person who shot him and, by implication, participated in the other crimes, among other things.
He argued the life sentence imposed on him was “shockingly inappropriate and unduly harsh”.
However, Johnson testified he saw Tsolo, who had been his colleague at the same company for about a year prior to his dismissal, waving at him. Tsolo then swore at him, he added.
“He [Johnson] turned and saw the appellant standing in front of him about 1.5m away, pointing a firearm directly at him. The appellant [Tsolo] then shot him in the neck before grabbing his two weapons,” the judgment read.
The application was subsequently dismissed.
Read the full judgment here.
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